产前超声检查医疗纠纷4例分析

通过选取4例经人民法院判决的因产前超声检查引发的医疗纠纷案例,探讨此类案件医疗过错、损害后果及其两者之间因果关系的判定原则。在判定医疗过错时应关注产前检查的规范性,正确看待医疗机构的差异性,并适当考虑时间性因素。此类医疗损害的后果一般均为使有发育缺陷的婴儿出生,医疗过错与损害后果因果关系的分析则不同于一般医疗纠纷案件,存在特殊性,需特别慎重。     

Citizens’ Perceptions of Governance in Rural and Urban China

This article presents three main findings from a purposive stratified survey of urban and rural residents. First, Chinese citizens “disaggregate” the state with high levels of satisfaction for Central government that fall dramatically as government gets closer to the people. Satisfaction levels are noticeably lower for those in rural China. Second, attitudes about the way policy is implemented by local governments raise concerns. Irrespective of place of residence, respondents feel that when implementing policy local officials and governments are mainly concerned with their own interests, are more receptive to the views of their superiors rather than those of ordinary people, favor those with money, and are formalistic in implementing policy rather than dealing with actual problems. Third, the areas of work that citizens would really like government to concentrate on are job creation and providing basic guarantees to protect against the shocks of the transition to a market economy. Tony Saich is the Daewoo Professor of International Affairs, Kennedy School of Government, Harvard University and Director of the Harvard University Asia Center. His recent research focuses on the development of social policy in China, particularly on the provision of public goods by local governments. His publications include Governance and Politics of China by Palgrave and edited volumes on Financial Sector Reform in China (with Yasheng Huang and Edward Steinfeld) and AIDS and Social Policy in China (with Joan Kaufman and Arthur Kleinman both by Harvard University Asia Center. He would like to thank Edward Cunningham for his great help in preparing this article. He also wants to thank Victor Yuan (Horizon Market Research Company) for his tremendous help in designing the survey and implementing it. In addition, I would like to thank Anita Chan, Martin King Whyte and two anonymous reviewers for their extremely helpful comments on an earlier draft.     

Tony Blair's 'Media' Speech: The Commentators

Tony Blair's speech challenged the media over its standards in his valedictory lecture. Many of his charges about the absence of balance, attacks on motive and a pack mentality stand up, even if some are exaggerated and also applied well before his arrival in 10 Downing Street. Mr Blair's solutions did ot match his critique. What is required is a more self‐questioning media, being held to account on the internet and on specialist blogging sites. Vigorous criticism, requiring justification, is a more credible rout than tighter regulation. Tony Blair's speech on the changing pressures on the media is both interesting and convincing in its diagnosis (although generally reported in ways that did not reveal this). It is less convincing in suggestions for change: the fact that on‐line media will fall under Of‐com, and so under its minimal ‘content regulation’ will have little impact. Effective change could begin with other types of (self or other regulation). Some steps towards change might include minimal requirements for journalists and editors to accept elementary forms of accountability, such as disclosing conflicts of interest and payments made for ‘stories’. The scale of media coverage may be crucial in determining the allocation of aid, yet the attention the media pays to particular causes is arbitrary. Many serious disasters are not reported and as a consequence do not receive adequate aid, so that the victims of the crisis will lose out. Chronic long term problems, like famine, are ignored in favour of ‘sudden emergencies’. Reporting seeks sensation and simple stories which influences the way that aid agencies respond to the media. The complex background to a faraway disaster is often overlooked and not properly reported. Tony Blair's speech describing some of the news media as ‘feral beasts’ contained one paragraph which contained an insight into his views on new media. It was known that the outgoing Prime Minister was uncomfortable with some aspects of new technology but his remarks reveal a wider disappointment with how new media has failed to deliver changes which he had hoped for in political communications.This paper records Mr Blair's problems with new media and argues that by focusing on how the new technologies might provide a better way for politicians to by‐pass the traditional media he has missed the point of their wider benefits.     

Gender, citizenship and human reproduction in contemporary Italy

This article examines how the recently introduced law on assisted reproduction in Italy, which gives symbolic legal recognition to the embryo, came about, and how a referendum, which would have repealed large sections of it, failed. The occupation of the legal space by the embryo is the outcome of a crusade by a well-organised alliance of theo-conservatives. These groups see in reproductive medicine an uncontrolled interference with their notion of the natural order of things. Such a worldview requires a total ban on stem cell research, limitation of access to reproductive technologies and repressive laws to govern the area. This conservative dream scenario has come closer to being realised by the introduction of a law doing all of these things in the name of the protection of “Life”. In the case of this law, the “life” to be protected is the embryo. In the name of “Life”, scientific advances and individual liberty have been curbed. The politics of embryo citizenship is a politics which values the yet to come over the here and now, purgation over pleasure, and the transcendent over the material.     

互联网内容及舆情深度分析模式

互联网内容及舆情核心元素主要包括热点、焦点、敏点、频点等方面,其中热点是最基本的判据。校园公共安全危机管理案例表明,青年学生对校园公共事件的敏感、担忧和思索往往首先演绎为互联网内容及舆情热点。互联网内容及舆情深度分析模式,有助于更客观地解读政治、社会和文化现象,把握网络传播规律。     

I'm Not That Liberal: Explaining Conservative Democratic Identification

The persistence of self-identified conservative Democrats in the electorate is puzzling. Both the ongoing Southern realignment and the recent ideological polarization should have resulted in conservative Democrats changing their party identification to accord with their discrepant ideology. Instead, the number of conservative Democrats, as a percentage of the total electorate, has held steady over the last 20 years. I propose an explanation for this phenomenon that draws upon theories of mass belief systems, as well as an element of recent political reality: the popular stigmatization of the word liberal. I argue that Democrats who are susceptible to elite cues garner positive affect toward the conservative label and negative affect toward the liberal label. They then identify themselves accordingly, regardless of their issue positions.     

Ambivalence About Equality in the United States or, Did Tocqueville Get it Wrong and Why Does that Matter?

Alexis de Tocqueville believed that “democratic peoples’... passion for equality is ardent, insatiable, eternal, and invincible.” This article examines whether and under what conditions residents of the United States demonstrate such a commitment to equality. I show that at many points in history, Americans have indeed chosen to move toward greater justice and less oppression; however, there are clear limits to their passion for equality. White Americans endorse less social, political, and economic equality than do African Americans, but even the latter often resist equality for groups that they perceive to be threats, or for behaviors that threaten strong social or moral norms. The article discusses implications for political activists of these patterns of support for and resistance to greater equality, and suggests strategies for overcoming oppression and promoting justice.     

新闻舆论监督机制的构建和完善

完善新闻舆论监督机制,充分发挥新闻媒体对社会,特别是对公共权力的监督作用,是衡 量国家政治文明和社会进步的重要标志。我国需要进一步完善新闻舆论监督机制,这对促进"依 法治国,建设社会主义法治国家"目标的实现具有十分重要的现实意义。     

论医患纠纷损害赔偿范围的确定--对《医疗事故处理条例》第49条的质疑

<医疗事故处理条例>与民事法律原则以及审判实践的冲突,造成当前患者获得司法救济的困难,同时法官在审判中遭遇诸多难题.本文通过解释医疗损害方面的概念,引用最新的案例,对国内相关法律的比较分析,以及论述鉴定对裁判的不当影响,从几个角度对"不属于医疗事故不赔偿"观点进行否定.并针对医学会鉴定的缺陷,提出法官审理案件中3种可行的方法限制鉴定机构的权限;事故鉴定结论仅为证据;司法鉴定、医学会鉴定、法官共同判断侵权事实.     

两地区医疗纠纷法医学尸检鉴定质量的比较研究

目的研究影响涉及医疗纠纷法医学尸检鉴定质量差异的原因。方法两个具有代表性的法医学尸检鉴定机构所涉及医疗纠纷的相关案例,进行字2检验、t检验等统计学研究。结果通过字2检验发现,在设定的10个指标中,有7个指标存在显著性差异,提示两鉴定单位在“涉及医疗纠纷的法医学尸检鉴定”中检验手段和标准、规范性等均存在极大的差异。结论通过研究,提示法医学鉴定人素质、尸检的标准化和规范化、尸检检材的提取标准化、死因或疾病的诊断标准、会诊制度及法医学鉴定书的书写规范化等是法医学尸检鉴定质量控制和管理的重要环节。