基本医疗服务法制化研究

获取基本医疗服务是公民保障生命健康的基本权利,应当通过法律加以明确,使之成为"拟制公共产品"。公共卫生服务与基本医疗服务是两种性质不同的服务,不宜用一部法律来统一规定,因此全国人大《基本医疗卫生保障法》的立法模式是不适宜的,应当单独出台《基本医疗服务法》。政府提供基本医疗服务的范围主要包括基本医疗保险、基本医疗救助、基本药物和基本诊疗项目、基本医疗服务体系和基本医疗设施、基本医疗服务人力。公民的医疗服务请求权可以通过诉讼救济,医疗服务请求诉讼的类型属于行政给付之诉。     

Preliminary Study on Diffuse Axonal Injury by Fourier Transform Infrared Spectroscopy Histopathology Imaging

The objective of this study was to evaluate the application of Fourier transform infrared (FTIR) spectroscopy for detecting diffuse axonal injury (DAI) in a mouse model. Brain tissues from DAI mouse model were prepared with H&E, silver, and β‐amyloid precursor protein (β–APP) immunohistochemistry stains and were also studied with FTIR. The infrared spectrum images showed high absorption of amide II in the subcortical white matter of the experimental mouse brain, while there was no obvious expression of amide II in the control mouse brain. The areas with high absorption of amide II were in the same distribution as the DAI region confirmed by the silver and β‐APP studies. The result suggests that high absorption of amide II correlates with axonal injury. The use of FTIR imaging allows the biochemical changes associated with DAI pathologies to be detected in the tissues, thus providing an important adjunct method to the current conventional pathological diagnostic techniques.     

A Molecular Method to Correlate Bloodstains with Wound Site for Crime Scene Reconstruction

Bloodstain pattern analysis to determine the wound‐of‐origin of bloodstains is problematic with nonspecific patterns. In this proof‐of‐concept study, the authors examined a molecular approach to correlate bloodstains with injuries using the rat as a model. Specifically, investigations were conducted on the rat brain marker, rno‐miR‐124‐3p, with the QIAGEN miScript System and real‐time PCR analysis. Rno‐miR‐124‐3p was detected in brain homogenates diluted 100,000 times; in 3‐week‐old, room temperature stored, simulated brain–blood stains; and in bloodstains from head gunshot wounds collected with swabs and subsequently frozen for 9–18 months; however, rno‐miR‐124‐3p was not detected in whole blood. Proof‐of‐principle was demonstrated by the ability to distinguish bloodstains from a gunshot wound to the head versus bloodstains from a gunshot wound to the chest, by the testing of otherwise identical bloodstains from the two patterns for the presence of the marker. The results suggest a viable approach to a longstanding problem in casework.     

Cyclic Pentanone Peroxide: Sensitiveness and Suitability as a Model for Triacetone Triperoxide

Research to counter the threat of organic peroxides such as triacetone triperoxide (TATP) is at times hampered by their inherent extreme sensitiveness and volatility. This work describes an approach to lowering some risks associated with the handling of TATP in the laboratory through the use of an analog species, tripentanone triperoxide (TPTP). Sensitiveness has been tested via standard methods. GCMS analysis has shown that TPTP degrades via similar mechanisms to TATP under a range of conditions. Slight differences in product composition were traced to side reactions which may also affect impurities present in homemade TATP synthesis. A pilot field trial was conducted to evaluate TPTP as a substitute for TATP in explosive detection dog (EDD) scent training. The degradation studies have yielded insights into the complexities of the acidic degradation of cyclic peroxides with potential forensic application, and TPTP's inadequacy as a TATP pseudoscent is a valuable example of the limitations of such training aids.     

野生动物侵权法律探讨

近年来,伴随着野生动物保护法的实施以及自然保护区的设立,野生动物的生态环境得到了根本的改善,但同时野生动物致人人身、财产损害问题也日益突显。从1997年的“思茅亚洲象”毁坏农田案到2005年上海野生动物园狮子吃人案、从东北黑熊伤人毁财案到华南虎吃牛案,野生动物致害案件屡屡不断。本文试图在这一法律空白领域“垦荒,”对野生动物侵权引发的一系列法律问题,如野生动物内涵的界定、赔偿的理论基础、抗辩事由、举证责任、赔偿的义务机关等法律问题作以探究。     

唐代商品性农业的发展和农产品的商品化

唐代商品性农业发展和农产品的商品化在广义农业的许多方面均有所表现,不仅在粮食作物的种植生产、销售和磨粉、酿酒、榨油等农产品的技术加工业方面,而且在茶叶、甘蔗、桑、麻、棉花、蔬菜、水果、花卉、药材等经济作物的种植生产以及畜牧业、林业、渔业和副业等方面都有这种情况,代表了唐代社会经济发展的一些新的态势和动向。     

The Animal Research Debate

Animal rights extremism has encouraged the media to examine the benefits and justification of animal research. There is broad support from the scientific community and government for carefully conducted animal research; however, Parliament is hindered, as many MPs are ill-informed. The recent Nuffield Council on Bioethics investigated the issue and determined that in carefully considered cases animal research is justified, scientifically valid, and has contributed to human health. The great majority of the public accept the need for animal research for medical progress when there is no alternative method available. Arguments used by anti-vivisectionists are discussed, many of which are unfounded and based on misconceptions.     

对平行进口可否行使禁止请求权——日本最高法院1997年7月1日第三小法庭判决

对专利产品平行进口如何进行法律调控是国际贸易和法学领域亟待解决的问题。我国已加入世界贸易组织,在国际贸易中,不可避免地会出现越来越多的专利产品平行进口。但是,在我国现行法律中并没有直接规范专利产品平行进口的条文,司法实践中也没有案例可供参考。车轮案是日本最高法院对专利产品平行进口首次表态的判例,它以专利权人在第一次销售专利产品时未附加限制销售地区为由,允许平行进口,由此否认了专利权人的禁止请求权。该判决一经作出,即在国际社会上引起广泛关注。现将三村量一法官就该案撰写的文章翻译成中文,以为我国学者研究和法官处理专利产品平行进口问题,提供第一手参考资料。     

Criminology and animality: stupidity and the anthropological machine

Although a relatively small, yet growing group of scholars have been lamenting the exclusion of nonhuman animals from the scope of criminology for over thirty years now, animals have been historically present in criminological theorizing, legal practices, and research. However, this presence has not been of the form advocated for by scholars who variously identify themselves as non-speciesist criminologists, green criminologists, or ecological criminologists, who have been arguing largely for recognition of harms perpetrated against animals, or ‘zoological crime’. Instead, the longer history of animals in criminology is as offenders or as prototypes of criminality. In this article, we are concerned with the production – vis-à-vis the anthropological machine – of the ‘stupid’ animal and subhuman within criminology and criminal justice. Guided by the political philosophy of Giorgio Agamben, we trace the animal through criminological thought from the premodern period to Lombroso to contemporary criminological scholarship illustrating how the animal has been (ab)used to shore up the classifications between humans, between humans and animals, and the intelligent and the stupid. We also examine how historically through criminal trials of animals and the feebleminded, criminal justice has played an active role in buttressing these classifications and acting on these classifications to produce bare life, that is, life without form or value.     

我国农村公共物品供给总量不足的现状分析

当前，我国农村公共物品供给严重短缺，极大地阻碍了农村经济社会的发展和农民生活水平的提高。我们应积极探求农村公共物品供给短缺形成的原因，从而有的放矢地寻求解决对策，实现农村公共物品的有效供给。