对目前实施生育保险局限性与突破方向的思考

目前生育保险制度在我国尚未全面推进,其原因是局部地区相对独立的改革及立法的滞后。未来生育保险突破的方向应是向全国统一规划、实施、调剂和管理的态势发展。政府和社会应进一步重视生育保障的社会价值,更好地维护女职工的合法权益和特殊利益。     

Deconstructing Deliberation in the Appraisal of Medical Technologies: NICEly Does it?

Appraisals of medical technologies undertaken by the National Institute for Health and Clinical Excellence (NICE) have significant implications for the setting of priorities for health care expenditure in the NHS in England and Wales. NICE has been characterised as a deliberative body, an evaluation which reflects the recent attention paid by those working within the health policy community to the establishment of mechanisms which deliver procedural justice, in the absence of societal consensus upon the substantive values which should underpin distributive choices in health care. This article critically interrogates the assessment of NICE as deliberative in character. It also considers the relationship between legitimacy and deliberation in this policy context, in light of the claim that 'thickening proceduralisation' by establishing and enhancing deliberative structures and processes is a useful strategy for addressing regulatory problems.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

Utilitarianism of Big Data in Public Health Care

Big data in public health care is fundamental strategic resource of the country. In order to promote the development of its industrialization, we should make clear the regulatory model of utilitarianism of big data in public health care, and settle the conflict between the active utilization and the principle of informed consent. China's legislation ought to encourage the active use of big data in public health care, so as to settle the conflict between the use and protection of big data in public health care through the flexible use of the principle of informed consent and the introduction of alternative or supplementary protection mechanisms. And we should guarantee thatthe big data resource will be applied appropriately.This article also presents a systematical classification method of big data in public health care, clarifies principle stipulations, and discusses some exceptional cases.     

Measuring the severity of physical injury among assault and homicide victims

Criminologists seldom have attempted to measure the severity of physical injury to victims of aggravated assault and homicide, even though it is significant to many of their research efforts. Previous attempts have been neither medically accurate nor medically acceptable. In this paper the author discusses the shortcomings of these efforts and introduces an alternative method which is valid, reliable, and medically acceptable. In addition, the author discusses its applicability to research the impact of medical intervention on violent criminal assault, on factors which contribute to the severity of assaultive injury and the lethal outcome of violent assault, on specific questions regarding the patterns of offending and victimization, and on the administration of criminal justice.     

The Future of Social Policy in Scotland: Will Further Devolved Powers Lead to Better Social Policies for Disabled People?

Scotland has laid claim to being ‘different’ from the rest of the UK with regards to disability policy. This article examines the evidence for that with regard to long‐term and social care, and discusses the possibilities opened up by the devolution of disability benefits. It asks whether Scotland will demonstrate policy divergence from the rest of the UK, and whether that is likely to be beneficial for disabled people. It argues that Scotland has the potential to create better social policies for disabled people, but faces significant challenges in doing so.     

Residential Aged Care Policy in Australia – Are We Learning from Evidence?

The residential aged care industry in Australia will expand rapidly over the next 10 years leading to substantial increases in government expenditure. Recent and future reforms are likely leading to changes in the structure of the industry with a potential impact on quality of care. The purpose of this paper is to stimulate broader public debate, based on the available evidence, about the preferred structure of this important industry. It examines the literature on the impact structure has on the quality of services and compares this with a fresh analysis of current trends. The paper argues that future policy should be evidence based and explicit about the structure of the industry that will emerge from current policy reforms.     

论医疗事故罪的主观方面

本文从医务人员的注意义务、注意能力以及法学理论与司法实践的冲突三个角度论述了医疗事故罪的主观方面。对医务人员诊疗中注意义务及其程度的制定标准应当综合考量多种因素 ;在认定医务人员的注意能力时 ,应采用客观说 ;并建议在医疗事故罪的主观定性方面 ,应以危害结果的发生不违背行为人的本意作为区分故意与过失的界限     

Long-Term Follow-Up of Young Children Placed in Foster Care: Subsequent Placements and Exposure to Family Violence

This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.     

论小区停车法律责任的认定

由于对小区停车法律关系性质的理解存在巨大差异,无论理论界或实务界对小区停车法律责任的认定始终没有形成统一的意见。文章通过对小区停车法律关系性质的分析,以小区停车场的不同权属为切入点对小区停车法律责任的认定分三个方面进行讨论。