限制性体位窒息死亡的法医学鉴定

限制性体位窒息是一种特殊类型的窒息,其死亡机理、过程复杂,体表损伤轻微,尸体表现缺乏特异性,鉴定难度大,目前还没有一个客观、准确、公认的鉴定标准,通过文献复习总结有关体位性窒息的研究成果,结合窒息死亡的组织病理改变和鉴定实践,提出限制性体位窒息的检验鉴定要点,在确定有长时间限定在某一影响呼吸的体位,且自己不能解脱;有明显的窒息尸体征象;排除损伤、疾病致死;常见毒物检测阴性;膈肌Fn免疫荧光检测阳性或透射电镜检查证明有膈肌损伤的可以诊断。如果合并有损伤或疾病,还应该有肺SP-A检查阳性或HIF1-α免疫组化染色核阳性表达。某些特定部位的损伤检查有助于分析体位关系。     

A Tangled Web: Complexity and Inequality in the English Local Government Finance Settlement

The £29 billion formula grant stands at the heart of the English local government finance system. This transfer of resource from central to local government has, since 2006–07, been distributed using the so-called ‘four block model’. This extraordinarily complex formula-based funding mechanism aims to ensure that all local authorities are able to provide individuals with a broadly comparable level of public service – offering greatest support to local authorities with high service needs and/or low capacity to raise revenue. This paper outlines the structure and workings of the four block model and, drawing attention to key methodological shortcomings, explains why the resulting distribution of the formula grant is both arbitrary and inequitable. In particular it argues that key model parameters – specifically the need and resource equalisation proportions – are set in order to fulfil a particular funding outcome. This flies in the face of the basic tenets of resource allocation methodology in that, being outcome-led, the approach is clearly neither need-based nor impartial. The paper argues that the four block model fails to meet its own goal of fiscal equalisation, is likely to lead to increasing service disparities, and must be replaced as a matter of urgency.     

The Road to Good Governance: Via the Path Less Accountable? The Effectiveness of Fiscal Accountability in Liberia

Accountability mechanisms are touted as a path to “good governance.” But are accountability mechanisms a sure route to achieving the objectives of “good governance”? Limited case studies have offered inconsistent evidence (Blair, 2000 Blair, H. 2000. Participation and accountability at the periphery: Democratic local governance in sex countries. World Development, 28(1): 21–29. [Crossref], [Web of Science ®] , [Google Scholar]; Charlick, 2001 Charlick, R.B. 2001. Popular participation and local government reform.. Public Administration and Development, 21: 149–157. [Crossref], [Web of Science ®] , [Google Scholar]; Devas &; Grant, 2003 Devas, N. and Grant, U. 2003. Local government decision-making-citizen participation and local accountability: Some evidence from Kenya and Uganda. Public Administration and Development, 23: 307–316. [Crossref], [Web of Science ®] , [Google Scholar]). But empirical evidence of the relationships among principles of good governance—high citizen participation, low levels of corruption, high-quality service delivery—and accountability mechanisms is lacking. We examine the effectiveness of accountability mechanisms in Liberia and find relationships between measures of county level fiscal accountability and measures of good governance do not always produce expected results, making fiscal accountability mechanisms no guarantee for achieving goals of good governance.     

A New Predictor of Local Financial Distress

The development of predictive models for financial distress is a recurring topic in both private and public contexts, although currently its repercussions are greater in the public sphere, where efforts are being made to define new warning systems for fiscal crises. The present study thus aims first to show the similarities and differences between the absolute and relative models based on a 10-point scale, in order to subsequently combine the positive aspects of both proposals to find a system that can determine local fiscal distress in a more robust way.

The results obtained show that the optimum predictive system is a slight variant of the model proposed by Kloha et al. (2005) Kloha, P., Weissert, C. S. and Kleine, R. 2005. Developing and testing a composite model to predict local fiscal distress. Public Administration Review, 65(3): 313–323. [Crossref], [Web of Science ®] , [Google Scholar]. This variant consists of the inclusion of two indicators of financial independence proposed by Zafra-Gómez et al. (2009a) Zafra-Gomez, J. S., López-Hernández, A. M. and Hernández-Bastida, A. 2009a. Developing an alert system for local governments in financial crisis. Public Money &; Management, 29(3): 175–82. [Taylor &; Francis Online], [Web of Science ®] , [Google Scholar] for which an alert threshold has been empirically determined.     

Hardening Budget Constraints: A Cross-National Study of Fiscal Sustainability and Subnational Debt

This study explores the financial sustainability of subnational governments in four different countries. Scholars argue that subnational fiscal capacity helps local governments deliver better public services and provide public goods, which in turn helps to promote economic growth. While administrative control by the central governments contributes to reducing moral hazard from the soft budget constraints, bottom-up strategies to manage fiscal profligacy also need attention. The study first provides understanding about the characteristics of central-local governance and management of subnational government debt of each country. Then, we test our hypotheses regarding local fiscal capacity and administrative control, including political-economic factors that may affect debt spending by local governments. Our findings show that subnational fiscal sustainability improves when the central governments have clear rules to intergovernmental transfers in place and more (market) liberal policies, meanwhile when subnational governments have a more fiscal capacity and less intergovernmental transfers they are able to manage their debt more soundly.     

Planning,Budgeting, and Health Care Performance in Ukraine

Abstract

The Government of Ukraine has not pursued health care reforms now commonplace in the rest of Europe and Central/Eastern Europe that rely less upon centralized, state delivery of services and more on decentralized operational responsibilities and competition for services that increase patient choice. The Ukrainian health sector suffers from personnel overspecialization and facility overcapacity, resulting in high-cost, low productivity services. Budget funds are unavailable for operations and maintenance resulting in poor quality services. The state provides health care as a constitutionally-protected monopoly, relying on the traditional command and control model which ignores cost/quality competition options and responsibilities to patients. Overall, the system which produces these results is over-centralized, requiring achievement of physical service norms without providing sufficient funds. The centralized system does not monitor or evaluate services beyond narrow financial accountability and control requirements. The health care system is paradoxically over-centralized but unable to regulate or control local health care official decisions to ensure compliance with national standards. Needed are reforms in the health care policy and operational areas to produce the supply of services needed for national economic recovery. In the short-term, the budgetary framework can be improved as an operational/management guide through development of comparative information on results. Most of this information can be based on the economic classification consistent with the chart of accounts. Funding stability can be increased to improve expenditure control by implementing a new fiscal transfer formula that provides discretion (i.e., block grants) and performance criteria (i.e., outcome measures). In the medium-term, building on the technical foundation of physical norms and statistical reporting, the health care budgeting and financial management system should shift emphasis to: program planning, policy and management analysis, and public communications. The results of these reforms should lead to decentralized health care operations, service analysis, and delivery responsibilities. At the same time, the reforms should lead to proper centralization of responsibilities for strategic policy decisions, safety regulation, national standards, and program evaluation.     

利己人性下的法官行为分析

利己性作为人性的一个重要方面,对法官行为的影响是直接而深远的。要真切地认识法官的行为,必须深刻地了解法官的利己人性,只有这样,才能为我们合理的法官制度建设和有效的法官行为规范提供科学的理论依据。     

当前我国权力制约和监督中存在的问题及原因分析——以福建省为个案展开

加强对权力的制约和监督的过程,其实质就是政治文明的发展过程.本文以福建为个案就当前我国权力制约和监督中存在的问题及原因进行探讨分析,并指出在我国权力制约和监督上存在的障碍.     

L'effet des rapports financiers sur la dynamique fédérale: la qualité médiative du fédéralisme suisse

The article examines the horizontal and vertical fiscal relations as explanatory factors of the interaction dynamics between levels of government in Switzerland. It presents the intergovernmental financial relations in Switzerland, comparing them to those in other federal countries and outlining the current reforms of the equalization system and the distribution of tasks. The author analyzes the effect the fiscal relations have on the intergovernmental interaction dynamics and discusses the potential implications of the current reforms for Swiss federalism. She demonstrates that the interaction dynamics that result from the financial relations are characterized by compensation, multilevel coordination and more rarely by unilateralism. The transformation of the financial relations that result from the current reforms, in particular the weakening of existing coordination structures, may lead to increased unilateralism and thus reduce the mediative capacity of Swiss federalism. Yet, the reform process also shows how durable the complex coordination structures are, which should be eliminated by the reforms.     

反对解释的场景及主体

反对解释是法治社会的一个原则。这一原则强调,对明确的法律规范,尤其是强制性法律规范,法官等法律人应该直接认定其意义并加以贯彻,而不能解释,尤其不能过度解释。反对解释的场景是个审判等活动“语境”的问题,但由于场景都是片断,因而难以从理论上系统叙述,所以,我们只是把场景作为思考的起点和归宿,在法治理念下叙说反对解释的一般要求。我们相信,法制要求人们对法律规范的固有意义保持克制,要求尊重法律的权威。能动主义是一种克服司法机械的思路。司法能动主义者几乎把严格等同于机械。但法制恰恰是因为有了适度严格才显示其魅力,如果到处能见到灵活那就不可能有法制。近百年来,几乎所有的法学都围绕着维护或破除法律的严格(或机械)而展开。但从法制基本教义看,司法克制主义是主流,而能动主义只能在克服法律过于死板,或协调法律与社会正义的严重冲突时才显现其功用。反对解释的主体是所有的适法人员,对不同的主体有不同的要求。