重大突发公共卫生危机下的药品专利强制许可——现实需要、伦理因应与法律安排

新型冠状病毒肺炎于2019年底在我国爆发并迅速扩散,引发了全国性的重大突发公共卫生危机。为实现特效专利药品的充分供给,实施药品专利强制许可是最为高效的选择,不仅可以消解药品专利市场运营中所固有的“反公有地”悲剧,同时也可以有效规避药品专利国际合作中技术劫持与贸易倾轧。对于以人为本的主体性原则和与人为善的有益性原则两项伦理准则的遵循,保证了药品专利强制许可实施的伦理正义;而对于药品专利强制许可申请主体扩展和药品专利强制许可补偿标准细化两项法律完善举措的采取,则使我国药品专利强制许可机制克服了自身缺陷,能够在实践中有序运行,为重大突发公共卫生危机的化解提供制度支撑。     

A Tale of Two Inquiries: Sans Everything and Ely

The government acknowledged scandalously poor care of long‐stay patients in National Health Service (NHS) hospitals in 1969. This followed the Ely Hospital inquiry, which emerged in the aftermath of revelations of abuse at seven hospitals described in Barbara Robb's book Sans Everything: A Case to Answer (1967). Allegations in Sans Everything and at Ely were similar. However, the inquiry committees which investigated, ‘disproved’ those in Sans Everything and upheld those at Ely. The Ely inquiry became pivotal to NHS policy reform for long‐stay mental illness and mental handicap hospitals, and for giving patients and their families a greater voice if they had concerns about inadequacies. This paper explains the relationship between Sans Everything and ‘Ely’ and analyses the impact of Robb's work—her high‐profile press campaign, networking, and determination to achieve improvement—which triggered revelations at Ely and elsewhere, and helped shape the course and constructive outcome of the Ely inquiry.     

对价欺诈交易刑民界限的法教义学分析

对价欺诈交易是指行为人采取虚构事实或者隐瞒真相的方法,通过交付相当代价欺骗他人进行交易的行为。对价欺诈交易侵犯的法益是财产权,商业自治权在厘定对价欺诈交易的民刑界限时可以发挥重要的功能导向性作用。作为刑事犯罪的对价欺诈交易中的“财产损失”,包括客观损失以及交易的物品因不具有商业价值而遭受的损失,但应排除边际损失。对价欺诈交易中“欺诈”的刑事处罚范围,因对价之存在需要从性质、对象以及价值判断上进行限制,同时要加以体系性限缩。对行为人归责,需要考虑被害人是否尽谨慎义务。被害人之谨慎义务应采取折中说。认定刑事诈骗之“非法占有目的”,原则上应采取结果性非法占有目的,特殊情形下可采取行为性非法占有目的。     

基于生命意义构建视野下的公安院校体改生心理健康教育

人是一个意义的存在，意义世界是人安身立命的基础。生命意义感与心理健康状况密切相关，教育作为一种塑造青少年健全人格的活动，有责任把学生引向意义世界，让学生在教育活动中发现和体验生命意义。对公安院校体改生进行生命意义构建的教育是新时期公安工作的现实需要。     

Entsicherte Verhältnisse – (Un)Möglichkeiten fürsorglicher Praxis

Starting point of the article are the upheavals of employment relationships in modern, post-Fordist societies. These are characterised by the increasing relevance of efficiency in social lives because of blurring boundaries between paid work and private life or growing processes of precariousness through uncertainties of social regulation. The author argues that these processes are accompanied by shifting conflicts between paid work and private care responsibilities, which are still oriented at the Fordist gendered division of work and gender classification but should not be seen as a simple repetition of those. By presenting three case studies from an empirical research project on the retail trade in Brandenburg and Berlin, specific problems of the reconciliation between paid work and private care as well as ways to solve these are analysed. The article ends with a discussion whether (often forced) changes in life style open some (often precarious) capabilities for questioning the gendered division of labour which has been formerly taken for granted.     

The unhealthy divide: how the secular-faith binary potentially limits GBV prevention and response

ABSTRACT

While progress has been made in creating conversations between the secular and faith actors involved in developmental issues, a distinct binary still exists. This could potentially be limiting a holistic response to gender-based violence, a global public health, development, humanitarian, and human rights issue. This article explores how perceptions of this binary – faith versus secular – are understood to impact GBV prevention and response efforts. Drawing on interviews conducted during a scoping study, the opinions and experiences of actors from faith-based organisations and academic institutions are used to shed light on how the faith-secular binary is being upheld and challenged, and how it is perceived to be impacting holistic GBV prevention and response.     

Positions on sexual and reproductive rights in Muslim-majority countries and institutions: a telling indication of things to come?

ABSTRACT

This article provides a policy analysis of Muslim-majority countries’ positions on sexual and reproductive rights (SRR). First-hand observations, interviews, and reports are used to review how statements around various intergovernmental moments continue to be formulated since the International Conference on Population and Development in 1994. The analysis outlines both the similarity and diversity between and among Muslim-majority countries on a range of SRR areas, while pointing out that positions are by no means unique to them. Rather, it is argued that opposition to SRR defines a terrain of “unholy alliances” between and among different religiously inspired nations, and ends by enquiring whether SRR may be an important political indicator of real politik.     

The percentage of HIV treatment and prevention services in Kenya provided by faith-based health providers

ABSTRACT

Although the percentage of health services provided by the faith-based sector in sub-Saharan Africa is often cited along a range from 30% to 70%, depending on the country, such citations tend to be anecdotal and without reference to actual analysis of health service data. This article reports on a secondary analysis of health service data in Kenya to determine the percentage of HIV services provided by faith-based health providers. It then discusses the contributions of faith-based providers in light of these data, identifying opportunities and challenges involved in efforts to ensure that the resources of the faith-based sector are maximised.     

Faith and palliative care: a partnership of care in low- and middle-income countries

ABSTRACT

The provision of holistic palliative care has been identified by WHO as a human right, important for all people, at all ages, with all life-limiting illnesses. When faced with death and dying, issues of meaning and relationships with others, the world, and with the sacred are intensified even more in communities where faith and spiritual beliefs have a significant place. Being able to understand the significance of dying and interpreting the experience and period of living with life-limiting illness, presents an important challenge for palliative care. This article sets out the contribution that faith communities have made in understanding the significance of spiritual issues in health and in delivering palliative care in lower to middle-income contexts where palliative care has been prioritised.     

Public values and administrative reforms in French health care

Public value appears to be reborn out of the ashes of earlier failed new public management (NPM)‐driven policies in health care. It advocates greater consultation of the civic society and autonomy of public managers in decision‐making. In France, the 2009 Hospital, Patient, Health, and Territory law recentralized the health system and strengthened the central government to restore consistency in policy implementation and address earlier NPM shortcomings. The 2014 Health Project heralds a phase of policy hybridization that not only preserves earlier NPM tools but also seeks to reaffirm the role of the public and the medical profession in the governance of the health system. Copyright © 2016 John Wiley & Sons, Ltd.