Appeals against detention in conditions of excessive security: outcomes and decision-making

The Mental Health (Care and Treatment) Scotland Act 2003 introduced the right for patients to appeal against detention in conditions of excessive security initially to those in high security. Aim: to further investigate appeal outcomes and to examine Tribunal decision-making. Results: responsible medical officer support, being on the transfer list and not having a diagnosis of learning disability increased the chances of a successful appeal. Qualitative analysis of the Tribunal’s decision-making produced 5 themes and 17 subthemes. These were used to develop a ‘checklist’ framework to improve understanding of relevant appeal factors. Conclusions: Neither appeal outcomes nor patient characteristics have changed over time. The checklist may be useful as a training tool and clinical guide. This study is timely given that the Mental Health (Scotland) Act 2015 extended the right of appeal against excessive security to patients detained within medium secure units from November 2015.     

基本医疗保险关系转移接续研究：制度比较分析的视角

多样化的医保制度对于流动人口基本医疗保险关系转移接续产生了什么影响？本文构造了一个比较分析的框架,从目标人群、筹资、支付、医疗服务等方面分析了珠三角地区的医保制度对转接接续的影响。本文认为,上述因素影响了流动人口的理性选择,只有那些参加城职的流动人口具有较强的转移接续意愿。     

食品药品领域检察公益诉讼适用惩罚性赔偿研究

食品药品安全领域案件管辖范围不是一成不变的,食品药品的概念不是确定案件管辖范围的唯一标准.食品药品范围应当理解为广义,可以将与食品药品紧密联系的相关产品的案件纳入可诉范围中,保健品、"药妆"属于食品药品领域范围内.探索推动食品药品领域内惩罚性赔偿的诉讼请求和责任承担方式具有理论和实践上的必要性,应当支持在食品药品领域检...     

Citizen Redress in Public Contracting for Human Services

This article examines from a regulatory perspective the legal position of citizens in respect of contracted out human services. It argues that the inadequate protection of individual interests and the public interest here is a reflection of increasingly complex relationships between the state and independent sectors, expressed in the essentially hybrid character of contemporary public service organisation. Accordingly a hybrid reform strategy, rather than one that attempts to extend or develop private or public law in any particular direction, is most likely to be successful in addressing associated legal governance problems. The attainment of improved redress for service recipients, and increased accountability of contractors and other parties engaged in human services networks, requires the careful tailoring of remedies to the conditions prevailing in particular sectors. The goal of responsive law should be to foster qualities of good administration and respect for fundamental public interest values within the whole range of regulated agencies and bodies performing public service functions.     

保险诈骗罪的认定

保险诈骗罪是指:投保人、受益人、被保险人以虚构的保险事实或者隐瞒事实真相的方法,进行保险诈骗活动,骗取保险金数额较大的行为。此罪的主观方面只能由故意构成。构成此罪以实际取得保险金为其构成要素之一,此罪存在未遂形态。《刑法》198条所规定之行为是数罪行为,而非“牵连犯数罪并罚”条款。此罪的共同犯罪的性质,应依实行犯的犯罪性质确定。     

烟草贸易的国际法控制：世界卫生组织与《控制烟草贸易框架公约》

2 0 0 3年 5月世界卫生组织的 192个成员国一致通过了《烟草控制框架公约》。烟草控制不仅是疾病控制问题 ,还涉及到贸易、科学技术交流、民间与国际合作、国内法与国际法等多方面的问题。《公约》确立了保护非吸烟者等弱势群体 ,加强政治保障等八项原则 ,采取了价格和非价格措施 ,要求各国进行信息披露 ,管制烟草制品成份、包装和标签、管制烟草制品的广告、促销和赞助。公约还要求各国通过教育、交流、培训促进公众的控烟公共意识 ,控制烟草需求。     

Mother-Adolescent Health Communication: Are All Conversations Created Equally?

Fifty-two mother-adolescent dyads (mean adolescent age = 16.3) participated in an observational study of communication about health topics. The aim of the study was to examine mother-adolescent conversations about health issues—drugs/alcohol, sexuality, nutrition/exercise—to determine the extent to which the mothers treat these issues similarly. Across conversations, mothers spent more time asking questions than lecturing or discussing negative consequences. Mothers discussed negative consequences less in the nutrition/exercise and sexuality conversations than in the drug/alcohol conversation. Mothers asked fewer questions when discussing nutrition/exercise than drugs/alcohol, and lectured more in the nutrition/exercise conversation than in the sexuality conversation. The results of this study have implications for intervention programmers advocating in the media that parents “talk to your kids” about these health issues. Tanya L. Boone is an Assistant Professor of Psychology at California State University, Bakersfield. She received her Ph.D. in 2003 from The Pennsylvania State University. Her major research interests include adolescent risk behaviors and the influences on such behaviors, with a focus on family influences. Eva S. Lefkowitz is an Associate Professor of Human Development and Family Studies at The Pennsylvania State University. She received her Ph.D. in 1998 from the University of California, Los Angeles. Her major research interests include the development of attitudes, behaviors, and relationships during adolescence and emerging adulthood.     

对个人保险代理制度的思考

一个发达的保险市场不可能没有保险代理人。由于保险代理人的特殊作用,注定了它的存在是不可以被取代的。但是由于我国保险代理市场发展环境不成熟,制度设计欠完善,使得我国的保险代理人市场近几年来不断暴露出各种问题。为此,笔者就保险代理人的地位和存在的问题以及如何加以改善谈几点粗浅的认识。     

Empirical Modeling of Policy Diffusion in Federal States: The Dyadic Approach

Policy diffusion is a common phenomenon in federal states: indeed, one of the normative justifications of decentralized policy making is that it permits the development and spread of best practices. Following Berry and Berry (1990), event‐history analysis has been the method of choice for the quantitative investigation of policy diffusion, but Volden (2006) has recently introduced a dyadic variant of this method in which units of analysis are not states but, instead, pairs of states. This article discusses the dyadic approach with a particular focus on the diffusion of policies in Switzerland. The goal is not to introduce a new method, but rather to provide a practical overview for researchers interested in using it. The article shows how the method has migrated from the international relations literature to the policy‐diffusion literature, describes the typical structure of a dyadic dataset in a diffusion context, and discusses several modeling issues. The usefulness of the dyadic approach is illustrated empirically with the example of health‐insurance subsidy policies in Swiss cantons.