上海市奉贤区医疗纠纷防范研究

目的：通过本课题研究,探索我区医疗纠纷、事故防范的有效机制与手段,降低医疗事故的发生,确保医疗安全。方法：以2004年8月课题立项研究为时间界限,设对照组与干预组,对照组：取自2002年9月--2004年8月间所引发医疗纠纷、事故的主要原因作研究对比材料;干预组：取自2004年9月－2006年8月间的相关材料,二组资料作回顾性对比分析。结果：通过法制宣传、业务培训、专题研讨、学术交流、案例分析、加强督查等一系列干预措施。医疗投诉、受理鉴定、事故的发生率分别下降10.0％、44．5％、15．4％;医疗总体质量提高5．1％、社会满意度得到进一步提高。结论：提高医务人员的业务素质、强化防范意识、规范操作流程、改善暇务态度是降低医疗纠纷、事故的关键所在。     

暴力与屠杀:刑法上的“敌人”还是刑法上的“不人道”

法律对屠杀问题的回应,始终在两种模式之间徘徊:一种是以国家刑法为给养来源的刑法上的敌人模式,另一种是源于国际刑法的刑法上的不人道模式。后者更适合屠杀的定性标准,它暗示了在大量死难者面前,对人性的否定。建立刑法上的不人道模式需要回应三个方面的问题:第一,罪的含义;第二,归责;第三,惩罚的实质。首先,根据《国际刑事法院规约》第7条,我们至少可以认为反人道模式中被保护的人性包含着两个相辅相成的要素:每个人的特殊性,以及每个人都平等地归属于人类共同体。其次,在归责问题上,我们不能满足于只制裁处于权力链条最顶端的人,还必须考虑等级体系的所有级别。最后在惩罚实质上,我们不仅要在刑罚制裁上考虑惩罚的本质,而且还需要从修复以及协商的角度看待这一问题。文章最后指出,刑法上的不人道模式成为一个可以实现的、普世的理想,尚需国际法与国内法的合作以及各个学科之间的协力。     

暴力犯罪：一个概念的解读

暴力犯罪不仅仅是犯罪学上的概念,而且与刑法学具有密切联系,研究刑法学意义的暴力犯罪具有理论意义和实践意义.从我国〈刑法〉来看,暴力犯罪不仅涉及刑法总则犯罪论与刑罚论的联系,而且还关系到刑法分则对暴力犯罪犯罪构成的规定.目前理论学界对暴力犯罪的概念争议较大,因此,研究刑法学意义的暴力犯罪,必须厘清相关理论争议,界定＂暴力＂与暴力犯罪的概念,从概念上解读暴力犯罪,揭示暴力犯罪的刑法规范性、手段暴力性、暴力程度性和对象双重性等特性,从而划定我国〈刑法〉中暴力犯罪的概念,以此为刑法学研究暴力犯罪的相关问题提供理论起点.     

From ethnocide to ethnoviolence: Layers of native American victimization

The contemporary phenomenon of ethnoviolence - otherwise known as hate crime - has its roots deeply embedded in the historical persecution of Native Americans by representatives of 'the state and private individuals alike. Genocidal policies and practices of the past have their present counterparts in anti-activist and anti-treaty violence, as well as in isolated acts of violence against individual Native Americans. This paper traces the threads that bind together the (d)evolution from ethnocide to ethnoviolence.     

Chutzpah even before the heavenly court

This article discusses how classic and contemporary films can be used to examine justice and peacemaking themes in personal, social, and criminal justice contexts. Thematic topics include poverty, homelessness, the Holocaust, racial prejudice, prison violence, and religious intolerance. The author attempts to illustrate how transformative justice can occur through individual acts of compassion and courage in difficult circumstances.     

Nonviolence Begins With Speech: An Interview with Emily Gaarder on the Practice of Nonviolent Communication

This article focuses on the nature of nonviolent communication, specifically how to practice such in our everyday lives. Emily Gaarder discusses a theory and method developed by Marshall Rosenberg of the Center for Nonviolent Communication. She offers practical measures that enable anyone interested in nonviolence to assess whether their ways of speaking are nonviolent and how they might modify their language to interact with others peaceably.     

Patterns of Self-Reported Delinquency in Children with One Immigrant Parent,Two Immigrant Parents and Norwegian-Born Parents

Differences in self-reported delinquency among adolescents in Oslo, Norway, were analysed with respect to immigrant status, gender and country of origin. The survey covered 11,500 adolescents between the ages of 14 and 17 years in Oslo, Norway. Delinquent behaviours were analysed and described in terms of prevalence and frequency. The findings suggest that immigrants are under-represented in minor deviance, with no differences in serious delinquency, but over-represented in violent delinquency. Adolescents with one immigrant parent had a higher prevalence of delinquency compared to adolescents with two immigrant parents, in all categories of delinquency except for violence among males. There were substantial differences between the various immigrant groups, with the lowest prevalence of delinquency among Asians. The study has demonstrated clearly the importance of including different categories of delinquency when studying delinquency among children of immigrants, and to carry out separate analyses according to gender and parent's country of origin.     

Qualification and Disqualification in Rape Cases

Between 1946 and 1950, the police in Stockholm interrogated almost 150 men about their involvement in alleged rapes and attempted rapes. The results of these investigations eventually led to seventeen prosecutions and eleven convictions. It was not easy to convict someone of rape. However, a consequence of the way the court operated was also that only certain men could be convicted, only certain women regarded as reliable witness, and only certain kinds of attack regarded as plausible. The question of whether the alleged crime was considered possible to prove was dependent upon who reported whom for what. For the complainants it was a matter of qualifying for inclusion within the protection of the law. But what appeared as a rejection of someone's credibility, was in actual fact a result of a prior rejection of the individual's person and character. From the point of view of the legal system, some individuals were more fitted than others for the role of credible victim or likely offender. The sexually immoral woman and the man at the mercy of his sexuality were both in danger of having their credibility questioned: the former a poor victim and the latter all too suitable an offender.     

Criminal Violence and Youth in Sweden: A Long-term Perspective

Since the mid-1980s, the Swedish public has become increasingly concerned about juvenile violence. This article confronts the public belief of increasing juvenile violence with systematic criminological data from crime statistics and other sources. Based on police and court statistics, as well as data from victimization studies and cause-of-death statistics, it is concluded that there is good reason to believe that Sweden is currently experiencing an 'enforcement wave' with regard to juvenile violence (particularly in the youngest age brackets), which reinforces the image of dramatic increases in the level of juvenile violence. The reasons why juvenile violence is thought to be on the increase even in the face of a lack of hard empirical evidence are discussed. Four long- and short-term trends are proposed as possible explanations: (i) the well-ordered modern society; (ii) the role of the mass media; (iii) the growth of feminine values; and (iv) the application of an offensive model of crime policy.     

Poly-Victimization as a Life Condition: Correlates of Poly-Victimization among Finnish Children

According to criminological literature, victimization tends to cluster among the same adolescents. Recent American studies have shown that the poly-victimized youth are different in terms of their whole victimization profile than those children with fewer or no victimization experiences. In this article poly-victimization is studied among Finnish sixth and ninth graders (n = 13,459) based on the Finnish Child Victim Survey 2008. The article will answer questions with regard to accumulation of victimization and its associations with children's psycho-social well-being. The study examines the individual and family level background characteristics which are related to poly-victimization. The accumulations of these risk factors are analysed with poly-victimized children compared with less or non-victimized children. According to the analysis, poly-victimization exists among Finnish children and adolescents. In addition, the characteristics indicated as risk factors of victimization seem to accumulate among poly-victims. With cross-sectional data, no causal conclusions can be made, but poly-victimization is related to higher levels of psycho-social problems. The results confirm earlier findings of poly-victimization as a life condition.