违背患者意愿的救治行为法律分析

广外孕妇拒签事件反映了医疗服务实践中应加强医务人员医疗告知义务,医患互信缺失以及法律规定缺乏弹性等问题,本文就以上问题进行分析并针对以上问题提出实务处理和法律规定中需要改进的方面。     

解读司法领域的民意——由邱兴华案引发的思考

目前我国,民意在与司法的碰撞中经常受到更多的尊重,这既有其正当性的一面,也有其与现代法治精神相悖的一面。对民意的尊重一定要以坚守法律至上的司法理念为前提,在此基础上,糅合国内司法现状将民意进行合理的本土化改造,让其在司法中得以充分的表达和合理的吸纳。     

Economic grievances and political protest

How do economic grievances affect citizens’ inclination to protest? Given rising levels of inequality and widespread economic hardship in the aftermath of the Great Recession, this question is crucial for political science: if adverse economic conditions depress citizens’ engagement, as many contributions have argued, then the economic crisis may well feed into a crisis of democracy. However, the existing research on the link between economic grievances and political participation remains empirically inconclusive. It is argued in this article that this is due to two distinct shortcomings, which are effectively addressed by combining the strengths of political economy and social movement theories. Based on ESS and EU-SILC data from 2006–2012, as well as newly collected data on political protest in 28 European countries, a novel, more fine-grained conceptualisation of objective economic grievances considerably improves our understanding of the direct link between economic grievances and protest behaviour. While structural economic disadvantage (i.e., the level of grievances) unambiguously de-mobilises individuals, the deterioration of economic prospects (i.e., a change in grievances) instead increases political activity. Revealing these two countervailing effects provides an important clarification that helps reconcile many seemingly conflicting findings in the existing literature. Second, the article shows that the level of political mobilisation substantially moderates this direct link between individual hardship and political activity. In a strongly mobilised environment, even structural economic disadvantage is no longer an impediment to political participation. There is a strong political message in this interacting factor: if the presence of organised and visible political action is a decisive signal for citizens that conditions the micro-level link between economic grievances and protest, then democracy itself – that is, organised collective action – can help sustain political equality and prevent the vicious circle of democratic erosion.     

Justice in Health Care Decision-Making: Patients’ Appraisals of Health Care Providers and Health Plan Representatives

This study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients interactions with their providers (HCJI-P) and the other focuses on patients interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation. Both the Provider and Health Plan scales assess indices that are relatively independent of patients demographic characteristics. In addition, patients appraisals of their interactions with their provider were only moderately related to their appraisals of their interactions with representatives of their health plan, indicating that the Provider and Health Plan scales tap distinct aspects of patients overall experience with the health care system. Overall, procedural justice dimensions were significantly related to patient satisfaction in both the Provider and the Health Plan contexts. As predicted, procedural justice factors were more strongly tied to patient satisfaction in the Provider than in the Health Plan context, and health care decisions based on distributive justice principles of Need (rather than Equity or Equality) were most closely tied to patient satisfaction in both contexts.     

Untimely Economies of Survival

This article takes the recent turn against hope in breast cancer activism as a point of entry into a broader examination of speculative economies of science that creatively imagine, materialize, and manage futures in the present. It argues that untimeliness – anticipatory, simultaneous, porous, and prognostic in its articulation – captures these alternate arrangements of life and action as they are mobilized in cancer research that hails healthy women as experimental subjects to participate in clinical studies.     

A physical therapy environment design concept for children with cerebral palsy in accordance with patient behavior and therapy effectiveness

This research aims to study the effects of interior environmental features on the effectiveness of physical therapy among children with cerebral palsy. The research assumes that interior environment primarily determines the central attention of the patients, which further institutes the level of cooperation and thus the effectiveness of therapy. Distinctive interior settings in three state hospitals are utilized to test the effects of different environmental settings on child patients＇ level of attention. A ＇~structured observation＂ together with an ＂achievement rating＂, measured by the patients＇ cooperative level, are utilized to gauge the success of therapy conducted within the three different environmental settings. Statistical result reveals a pattern of correlative linkages among the interior features, the level of central attention and the effectiveness of therapy. Behavioral responses are found to be positively correlated with the level of patient cooperation. The analysis of behavioral response discloses three types of environmental stimuli--crowding in the treatment rooms, present of particular interior features such as windows, and activities outside the treatment rooms visible to the patients. Desirable response is also found to be increasing along with the number of interior stimulus features. A design guideline for treatment room is finally established. Two groups of interior environmental features could be manipulated to elevate the effectiveness of therapy--the physical environment which includes room size, and the spatial location of therapy activities within the interior environment.     

英汉被动语态的对比研究

作为表示句子主语和谓语动词之间被动关系的语法格式,英语的被动语态和汉语的被动式在语法概念、结构形式、使用原因、语义表达等方面既有相似之处,又有明显差异。从真实语料入手研究两者的共性和差异,对于明确语法概念、规范语言使用都具有十分重要的作用。     

病人家属参与医疗决定之法律研究

在我国目前的收入结构与医疗体制之下,对于大多数人而言,一旦面对大的病患风险,家属往往是其医疗成本以及医疗后果的直接承担者。当医疗决定牵涉到家庭成员的重大利益时,患者自主权应该受到家属决定权的制约。病人并非如病患自主理论所预设的前提一样是一个自由且理性的选择者,而是一个组织社群所有关系的总和,因此个人自决并不应该豁免其社群义务,尤其是对于家庭之义务。即使是成年具有意思能力病人其家属亦应具有相应的权利。     

当前艾滋病人违法犯罪现状及打击对策（下）

（四）预防控制缺少良策。对于这种新型的违法犯罪,许多地区无论从社会面的预防还是在对他们的管控上,目前来看,还都没有切实管用的办法。首先是对流动人口中的艾滋病违法犯罪人员难以掌控。沈阳市艾滋病人违法犯罪人员中有90％是流动人口。种种迹象表明,艾滋病人违法犯罪极具流窜性的特征。但是,由于种种原因,无论是这些人的流出地还是流入地、无论是疾病监控部门还是治安管理部门,目前都很难实施对他们的掌控,基本处于底数不清、情况不明的状况。