医责险承保方能否成为仲裁第三人

采用仲裁模式处理矛盾突出又没有太多经济效益的医患纠纷初期,必须要有当地政府的参与并在财力上对仲裁机构予以支持,但长久如此既不利于仲裁模式处理医患纠纷的推广,也不利于仲裁的公正性及仲裁员回避制度的有效落实。如何不依靠政府的财政支持,通过裁决纠纷本身获得合理的报酬维持运行是亟待破解的难题。从制度设计层面看,医患纠纷仲裁模式若能与正在推行的医疗损害责任保险制度进行有效的整合,可能是解决仲裁长期运转费用的一个重要途径。但这种审理与理赔模式的整合,实际上涉及到医患纠纷仲裁是否存在第三人、承保方能否成为仲裁第三人的问题。本文以深圳市医患纠纷仲裁为切入点,对上述问题进行探讨。     

Tarasoff in Missouri: The jurisprudence of a mental health provider's duty to warn and protect non-patients of potential risks from patients

In 1976, the Supreme Court of California issued its well-known Tarasoff Principle. From this principle, other courts found a duty to warn, and some found more than just a duty to warn, a duty to protect. As courts in other states adopted a version of the Tarasoff Principle, they issued a wide variety of third-party liability rules. In light of the dynamic, everchanging Tarasoff jurisprudence in the United States and recent relevant appellate court opinion in Missouri, a timely updated summary and update of Tarasoff-related jurisprudence in Missouri is warranted. In the present analysis, we compiled the four appellate court decisions that pertained to the questions of Tarasoff-like third-party liability in the State of Missouri: Sherrill v. Wilson (1983), Matt v. Burrell (1995), Bradley v. Ray (1995), and Virgin v. Hopewell (2001). We reviewed all legal measures for clinicians to protect nonpatients in Missouri, not just those that relate to protecting nonpatients from violence as in a Tarasof-like scenario. Thus, this paper concisely provides a compendium of such options and allows for a meaningful comparison of which legal, protective measures are mandatory and which are permissive, thereby evoking the question of whether measures of protecting nonpatients from a patient's violent acts ought to be mandatory duties or permissive application of professional judgment.     

What Does ‘Collaboration’ Without Government Look Like? The Network Qualities of an Emerging Partnership

Cross‐sectoral partnerships are increasingly common in Australian human service delivery. Yet research has not often focused on partnerships where private actors broker an arrangement to address complex community needs. Using a combination of interviews, focus groups, and social network analysis (SNA), this paper investigates the network qualities of a nascent partnership between a not for profit (NFP) service provider and a major retail water company that seeks to address financial hardship. Ultimately, we assess whether this represents genuine collaboration or another form of joint action. We find that the privately steered partnership generates instrumental benefits characteristic of cross‐sectoral arrangements, as well as challenges. SNA reveals a very high degree of connection between the partner organisations, but the results suggest that the partnership is coordinative rather than collaborative. We also find that this is leading to tacit organisational and institutional modifications as the NFP assumes a ‘market facing’ posture and adjusts to the demands of working with private sector partners. However, at this early stage of development, the level of systemic adjustment between both organisations remains incomplete.     

Civil society in Georgia: expectations versus reality

Academic analysts, political commentators and activists in Georgia are almost unanimous in their assessment that the public in Georgia is generally passive, civil society is weak, and that this may be one of the key reasons why Georgia – despite numerous democratic openings – keeps failing to consolidate its democratic institutions. In order to measure the strengths and weaknesses of Georgian civil society, the present article uses interviews with respondents from the Georgian non-governmental organization sector and academia on two areas: (a) citizen participation: to what extent is civic participation in the public sphere aimed at advancing shared interests and (b) influence on policy-making: to what extent is Georgian civil society able to foster popular influence on political and economic developments. This paper applies the concept of delegative democracy to contemporary developments in Georgia, and argues that one of the major factors which contribute to this trend in Georgia is a weak civil society and, therefore, a lack of intermediary institutions to safeguard democratic norms.     

论德国法中的第三人缔约过失责任

德国法中长期由判例发展出的由第三人承担缔约过失责任的做法已借助新债法的修订正式纳入民法典中,这一对传统意义上理解的缔约过失责任的突破昭示了该责任信赖保护的宗旨,可以对正确认识缔约过失责任提供启示。     

第三人胁迫略探

我国民法通则和合同法都未对第三人胁迫作出规定。文章比较了国外三种立法例,从是否应该保护善意相对人以及因第三人胁迫所为的民事行为的效力是无效行为还是可撤销行为这两方面进行了阐述,指出意思表示自由更值得保护。     

信用证欺诈例外原则研究--从加拿大一起案例看我国司法实践中应注意的问题

为抑制信用证欺诈、维护诚实信用的国际贸易环境 ,信用证欺诈例外原则的运用需突破信用证的独立性 ,将信用证交易与基础合同交易联系起来考查。这是对信用证独立原则的例外。加拿大最高法院于 1 987年审结一起有关信用证欺诈例外原则的著名案例BankofNovaScodiaappellantv .Angelica -WhitewearLTD .andAngelicaCorpo rationRespondents,成功地总结了英美法国家处理信用证欺诈问题的立法、判例。本文从介绍该案入手 ,结合国际公约和现有立法、判例、法学理论 ,分析信用证欺诈例外原则确立的必要性及适用条件 ,以期为我国在新形势下完善有关信用证欺诈的立法、司法作理论上的探讨     

Age estimation and the developing third molar tooth: an analysis of an Australian population using computed tomography

The third molar tooth is one of the few anatomical sites available for age estimation of unknown age individuals in the late adolescent years. Computed tomography (CT) images were assessed in an Australian population aged from 15 to 25 years for development trends, particularly concerning age estimation at the child/adult transition point of 18 years. The CT images were also compared to conventional radiographs to assess the developmental scoring agreement between the two and it was found that agreement of Demirjian scores between the two imaging modalities was excellent. The relatively wide age ranges (mean ± 2SD) indicate that the third molar is not a precise tool for age estimation (age ranges of 3-8 years) but is, however, a useful tool for discriminating the adult/child transition age of 18 years. In the current study 100% of females and 96% of males with completed roots were over 18 years of age.     

案外第三人申请再审问题研究

修订后的《民事诉讼法》第二百零四条和最高法院2008年11月通过的《关于适用（中华人民共和国民事诉讼法）审判监督程序若干问题的解释》（以下简称《解释》）第五条、第四十二条确立了独具中国特色的案外人申请再审制度。但是,现行司法解释的规定过于模糊,关于此制度的设计存在诸多缺陷,在民事诉讼法修订时需要进一步立法规范。     

Pore Sub‐Features Reproducibility in Direct Microscopic and Livescan Images—Their Reliability in Personal Identification

Abstract: Third level features have been reported to have equal discriminatory power as second level details in establishing personal identification. Pore area, as an extended set third level sub‐feature, has been studied by minimizing possible factors that could affect pore size. The reproducibility of pore surface area has been studied using direct microscopic and 500 ppi Livescan images. Direct microscopic pore area measurements indicated that the day on which the pore area was measured had a significant impact on the measured pore area. Pore area measurement was shown to be difficult to estimate in 500 ppi Livescan measurements owing to lack of resolution. It is not possible to reliably use pore area as an identifying feature in fingerprint examination.