故意传播严重性病行为定性之探究——兼论现行《刑法》第360条第1款的立法完善

从实然的角度来看,现行<刑法>第360条第1款的"严重性病"的范围应包括艾滋病;对于不具有卖淫、嫖娼性质以外的性行为或其他方式传播性病的行为应在现行法律框架下适用相关条款予以定罪量刑.从应然的角度出发,有必要对现行<刑法>第360条第1款予以完善,以为惩治司法实践中发生的形形色色的故意传播严重性病行为提供法律依据,进而促进司法的统一和公正.     

Mothers on Trial: Discourses of Cot Death and Munchausen’s Syndrome by Proxy

This article explores some of the issues raised by Munchausens Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the diagnosis, and mothering that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings.     

美国刑法中受虐妇女与自身防卫问题之研究

自身防卫就是自然人在遇到不法侵害时,有权运用适度的暴力加以防范,但在司法实践的具体操作中仍然很复杂。受虐妇女与自身防卫是美国刑法中颇受重视的一个问题。鉴于受虐妇女的特殊性,美国法庭对“合理性的标准”与“紧迫性的要求”做出了适当的调整。     

新冠肺炎尸检:法医工作者面临的挑战与对策

新型冠状病毒肺炎(简称"新冠肺炎")病例于2019年12月出现,疫情在短时间内蔓延,已导致数千名患者死亡。目前我们对新冠肺炎的致病、转归、致死的病理学机制了解甚少,尽早开展新冠肺炎死亡病例的尸体检验尤为重要,这给法医工作者带来了挑战。新冠肺炎尸检应在可以维持负压的独立解剖室进行,检验人员应严格按照三级防护标准穿戴防护用具,注重环境、器械、耗材的消毒以及废液废弃物处理。解剖及检验过程应规范、谨慎,尽量减少切割操作,并避免体液流出或组织飞溅导致病毒传播。本文将就法医工作者面临新冠肺炎尸检的挑战与对策做一述评。     

原发性高血压早期肾损害中医证候学观察

目的:观察原发性高血压早期肾损害的中医证候学特点和规律。方法:对120例原发性高血压早期肾损害患者进行中医证候学分析,并以60例无肾损害的原发性高血压患者作为对照,统计分析不同中医证候积分。结果:原发性高血压早期肾损害患者以肝、肾证候及阴虚、气虚、血瘀证候积分最高,明显高于无肾损害的原发性高血压患者(P<0.01)。结论:原发性高血压早期肾损害的主要病机为肝肾阴虚兼气虚血瘀。     

Intravenous Drug Use and HIV in Estonia: Socio-Economic Integration and Development of Indicators Regarding the Right to Health for its Russian-Speaking Population

This article seeks to highlight some potential indicators and benchmarks for the right to health under the International Covenant on Economic, Social and Cultural Rights, ratified by Estonia. These potential key indicators, as part of a human rights based approach to health indicators being developed by the UN Special Rapporteur, are argued to be particularly important in the context of the exceptionally high HIV rates among the Russian speaking population in Estonia. The historical emergence of the HIV epidemic in Estonia is traced, comparing its development with the situations in Latvia and Lithuania. This article describes the current extent of the HIV epidemic in Estonia which is the country with the highest reported number of HIV infections per capita in Europe, a number impacting in an extremely disproportionate fashion on its Russian-speaking population, particularly in North-Eastern Estonia. Understanding of the HIV epidemic in Estonia cannot exclude the social contextual factors of the social marginalization of many among the Russian-speaking population, the ‹alien’ status of those without citizenship of Estonia or any other State, and other failures of Estonian State policy with regard to intravenous drug use and HIV in the recent past. HIV among the prison population is also examined as disproportionately impacting upon Russian-speaking prisoners. It is argued that the language and logic of the Estonian State Integration Programme, as well as Estonia’s Second Report on the implementation of the Council of Europe Framework Convention for the Protection of National Minorities (2004) which refer to its Russian-speaking citizens as ‹non-Estonians’ is discrimination based on ethnic origin. In order to develop a system of State accountability in relation to the right to health, candidate indicators and benchmarks are proposed as structural, process and outcome indicators relevant to Estonia regarding the right to health and HIV, intravenous drug use, socio-economic integration and its Russian-speaking population. Dr. Paul Downes is Director of the Educational Disadvantage Centre, St. Patrick’s College, Drumcondra, Dublin, Ireland.     

血瘀证患者血管内皮内分泌功能的观察

为探讨血管内皮细胞的分泌功能在血瘀证发病机理中的作用，对２０例血瘀证患者体内一氧化氮及内皮素水平进行检测，并与健康对照组比较。结果显示患者ＮＯ及ＮＯ／ＥＴ比值均明显减低，提示血管内皮细胞内分泌功能异常可能是血瘀证发病的病理基础之一。     

Ocular findings in pediatric deaths under 2 years of age (1994-2004)

Abstract:  Our purpose is to highlight novel ocular findings of 102 forensic pediatric cases under 2 years of age who die suddenly. Forensic information, grossing, and microscopic eye protocol was followed. The most common diagnosis was Sudden Infant Death Syndrome (SIDS) (57/102). Novel cytoid bodies were present in the retina of 72/102 cases and they were located predominantly 90% (65/72) at the anterior part of the retina ( p  < 0.001). Of the SIDS cases, 85% (47/57) showed the presence of cytoid bodies, and among all diagnosis, SIDS was the most associated with cytoid bodies ( p  = 0.003). A second observation was extramedullary hematopoiesis (EMH) identified in 35/102 cases and 22 of the 57 SIDS cases. The most frequent EMH location was the choroids (29/35). This study is the first to demonstrate the presence of cytoid bodies and extramedullary hematopoiesis in the retinas of SIDS cases and children who die suddenly from other causes.     

下肢深静脉血栓形成的临床法医学鉴定

下肢深静脉血栓形成是交通损伤后常见的并发症,其伤病关系和伤残等级的鉴定是法医学鉴定的难点之一。在下肢深静脉血栓形成发展至下肢深静脉血栓后综合征时,下肢深静脉发生了血栓的堵塞、瓣膜和静脉壁的破坏,致循环系统和下肢功能障碍,严重影响伤者的生活质量和工作能力。本文通过文献回顾,分析不同类型下肢深静脉血栓对机体的影响,探讨其伤病关系、评残时机、伤残等级的鉴定方法。     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.