医事犯罪理论研究述评

建国60年以来,我国刑法学界对医事犯罪的理论研究取得了显著的成绩。医疗事故罪、非法行医罪和非法进行节育手术罪等具体医事犯罪的研究都随着我国刑事立法的进程经历了不同的发展阶段,研究逐步深入。但是,在医事犯罪的诸多问题上还存在较大争议,通说性的观点少,不少观点还值得继续商榷。     

邓小平中国社会发展道路思想探析

邓小平从中国近代历史发展、现实国情、未来发展方向三个方面论证了社会主义是中国社会发展的必由之路,揭示了中国共产党领导人民走社会主义道路是符合中国社会发展规律的正确选择,因此,必须坚持中国的社会主义发展道路,并从中国近代历史、现实和未来的内在联系来理解中国走社会主义道路的必然性、合理性,对人民进行社会主义教育。邓小平的中国社会主义发展道路思想,为我们提供了社会主义教育的整体性原则,实质上也为我们指出了把"两课"实践教学和现实国情整体的教育有机结合的方向。     

“以人为本”思想渊源及其当代实践

"以人为本"不是政府出于对人民表面性的尊重和技巧性的策略而提出的政治口号,它是在对我国古代"民本思想"、西方"人道主义"以及马克思主义人学理论基础上的积极扬弃和继承发展。"以人为本"内容十分丰富,既可从社会主义本质观方面得到总体体现,又可从利益分配、执政方式、文化发展和社会发展等具体层面得到体现。要想"以人为本"真正产生功效,使其从"应然"渐进到"实然"的状态,在实践中就必须坚持人民群众的实践主体地位、价值主体地位,而且要将其作为制定公共政策的根本依据。     

Identity and culture in theorising African perspectives of communication: The case of an African cinematic model

Abstract

Since communication refers to the sharing of information by any effective means, there is no doubt it entails the ability to make meaning of realities. In this sense, communication is cultural as much as it is human. Since that is the case, its theories cannot be fabricated in the abstract, but must be anchored in people's everyday lifestyles and cultures. Hence, like every other discipline, Africanising communication science is as much a possibility as theorising its perspectives from African contexts and experiences. Focusing on the negative challenges confronting the continent might make scholars see only the difficulties that problematise the application of theories to Africa's reality, which only betrays the Anglo-American stereotypical views of the continent. The argument is made here that the starting point of any theory of communication has to lie with the identity and culture of those involved in the communication process. Specifically by using selected films from Africa, this author considers the exploration of African identity and culture (from a bottom-up paradigm) as the primary starting point to tease out relevant theories of communication for and from an African cultural context.     

The politics of foreign debt in Latin America a study of the debtors’ cartel

This analysis of the foreign debt problem in Latin America shows that this economic burden is onerous and will not be reduced in the short run. The region's political leaders perceived that collective bargaining could increase their bargaining leverage with foreign lenders and could produce more advantageous repayment schedules for most nations. However, despite verbal backing and the economic promise of collective bargaining, a debtors’ cartel failed to materialize. Evaluations of the political dynamics in key nations anticipated creditors. This analysis also shows that the debtors’ cartel failed because collective bargaining did not gain domestic political support. Foreign influence was tangential to the outcome. Given this political climate, the chances for a revival of collective bargaining are very slim.     

Cultivating Dialogue: From Fragmentation to Relationality in Conflict Interaction

This article builds on the tendency in recent decades in the field of alternative dispute resolution (ADR) to analyze conflict and its transformation from a relational perspective. It surveys developments in twentieth‐century philosophy that support the ongoing quest to explore the self in ADR from a relational perspective. It then shows how the concept of dialogue provides a framework for understanding conflict transformation from a relational perspective, by exploring the relational foundations of dialogue. It also draws a connection between the growing use of mindfulness practices in conflict settings and the practice of dialogue, suggesting that Buddhist philosophy and practices can help cultivate relational awareness and dialogue. The article therefore suggests that incorporating dialogue and exploring its relational characteristics can assist ADR scholars and practitioners to develop further practices that can promote collaboration by shifting disputants from adversarial and fragmented orientations to more relational mindsets.     

过度医疗的刑法规制研究

随公共卫生事业发展,过度医疗如悬崖转石般兴起.医疗机构及医务人员违背行医规范而实施过度医疗,不仅侵蚀国家正常的医疗卫生秩序,也不断加剧医患信任危机.国内法律对过度医疗行为的规制尚且停留在民法和行政法领域,刑事立法仍空白.医疗事故罪、非法行医罪、诈骗罪等现有相关罪名在规制过度医疗行为时暴露局限性,并不能合理规制过度医疗行...     

40 YEARS OF CHINESE REFORM AND OPENING UP ALONGSIDE CHINESE CONSTITUTIONAL STUDY

China has a long history of constitutional jurisprudence, bearing different academic missions in different eras. China’s constitutional jurisprudence, characterized by its academic logic and principled nature, has not only facilitated social development and progress but also actively played academic functions during the Chinese reform and opening up. This paper considers the social changes during the last 40 years of the policy’s implementation as the background and, by employing standardized and literature analysis methods, combs the main progress and evolution of the knowledge system during the 40 years of constitutional jurisprudence study, followed by a look into its future.     

The Centrality of Theory in Modern Day Crime Prevention: Developments,Challenges, and Opportunities

Theory matters in crime prevention. Indeed, but this is hardly the full story. Crime prevention is oftentimes viewed as atheoretical—not grounded in the etiology of crime and offending. Reasons abound for this view, and the recent interest in an evidence-based approach to policy-making has been at the forefront. This article reviews the role that theory plays in modern day crime prevention, with a special focus on the three main crime prevention strategies: developmental, community, and situational. The review identifies a number of key challenges and opportunities for making theory more central to crime prevention. It suggests that the classification system employed in situational crime prevention has allowed for a more explicit connection between sound theory and prevention techniques, and may provide important lessons for developmental and community crime prevention.     

Interdisciplinary research on international relations theory and international law in China over the past 10 years

From the origin, there has been a strong connection between international relations and international law. In the development of the history of different academic subjects, the research on international relations and international law are interdependently promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has been separated for almost half a century, the need for the development of the subject and the changing world political and economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations theory and international law by the Western academic is becoming the order of the day, which has become the latest shining point of the recent development of the two subjects, which is even regarded as the new revolution of international relations theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the mutual assistance of materials,” which will provide scholars in this area with a broad space for research.