关于非法医疗机构内执业医师是否构成非法行医罪主体的探讨

依最高人民法院《关于审理非法行医刑事案件具体应用法律若干问题的解释》规定,个人未取得《医疗机构执业许可证》开办医疗机构的行为应认定为《刑法》第三百三十六条第一款规定的“未取得医生执业资格的人非法行医”,即在个体行医的场合下,医师必须取得《医疗机构执业许可证》,方能开展诊疗活动,否则便属于非法行医。然而,非个体行医的情形下,医师在无执业许可证的医疗机构行医,是否属于非法行医？对此,法律并无相关规定,本文对此类案件所涉医师是否属于刑法规定的“未取得医生执业资格的人”进行探讨。     

微视野仪在视功能评估中的应用

微视野仪是一种在直视眼底的条件下,能定量、定位地测量黄斑区域的视网膜光敏感度,同时可以全程记录被检查眼的固视轨迹,自动分析固视位置、固视稳定性,并能将微视野图与眼底像点对点重合,实现功能和结构上的组合。微视野仪的各项研究指标与主观视力有良好相关性,为定量评估视力提供了新手段,在法医学视功能的评定中将具有一定的应用潜力。本文综述了微视野仪的原理、方法及研究指标,并着重探讨微视野仪在视功能评估中的作用,以期为法医学视功能评估提供参考。     

UBM、SL-OCT及房角镜检查前房角结构的比较

目的 探讨超声生物显微镜（ultrasound biomicroscope,UBM）、裂隙灯前节光学相干断层成像（slit lamp optical coherence tomography,SL-OCT）与房角镜检查房角后退和房角关闭的一致性. 方法 在同一暗室中对被检查眼上方、下方、颞侧、鼻侧4个方位进行UBM、SL-OCT及房角镜检查,记录前房角情况,应用x2检验和Kappa检验对3种检查方法就房角关闭、房角后退的检查结果一致性进行比较. 结果 应用UBM、SL-OCT及房角镜检查判断房角关闭和房角后退,3种检查方法差异无统计学意义（P＞0.05）,UBM与房角镜检查房角后退结果一致性更好（Kappa值0.882）,而SL-OCT与房角镜检查房角后退结果一致性一般（Kappa值0.624）. 结论 以房角镜检查作为标准,对房角后退的判断UBM优于SL-OCT;对房角关闭的判断,UBM、SL-OCT及房角镜检查一致性均良好.     

陈垣的早期著作及其法医学贡献

陈垣,我国当代著名国学大师,史学家,教育家,在宗教史、元史、考据学、校勘学等方面成绩卓著。他早年学医及执教期间发表不少医药卫生及医学史的研究论文,被誉为中国医学史研究的奠基人之一。在法医学方面,他于1908-1909年在《医学卫生报》发表《洗冤录略史》《吉省新设检验吏》《奏设检验吏已咨行到粤》《美医剖验交涉命案》等文章,呼吁建立现代法医学检验制度,其中《洗冤录略史》是对我国法医学史研究有一定影响力的早期著作,因此,陈垣应被视为我国法医学史研究的早期学者之一。     

SOCIETY

正Welcome Back Captain Xie Beizhen(front)and crew members Wang Minjuan(center)and Dong Chen walk out of the Moon Palace1 capsule in Beijing on May 20,after spending 105 days in the closed lab.It was China’s first manned test of the Moon Palace 1,a 500-cubic-meter module that is the country’s first bio-regenerative life-support base,and also the world’s third largest.During the experiment,the volunteers ate only laboratory-grown plants and insects.     

Hospital Wet Mount Examination for the Presence of Sperm in Sexual Assault Cases is of Questionable Value

Many protocols for the examination of sexual assault victims include the preparation of vaginal wet mount slides to determine whether sperm are present and if so, whether the sperm are motile. We have reviewed findings in 501 case reports to compare the efficiency of sperm detection on wet mounts to subsequent crime laboratory results of sperm searches on vaginal swabs. Sperm were detected on wet mounts in only 41% of cases in which sperm were detected in the crime laboratory. Motile sperm were observed in only 12% of cases reporting a 0–9 h postcoital interval; in three cases, motile sperm were seen at 15 h and beyond, indicating that motile sperm are not reliable evidence of a short postcoital interval. These findings demonstrate that wet mount examinations are of little value in guiding subsequent analyses in the crime laboratory or in corroborating other investigative aspects of the case.     

Local plant use and traditional conservation practices in Nhema communal area,Zimbabwe

Abstract

This article is based on a study that was carried out in Nhema communal area in Midlands Province, Zimbabwe, with the main objective of documenting local plant use and traditional conservation practices. Data collected through household semi-structured and open interviews showed that 46 plant species in 40 genera and 24 families were mainly used for firewood, construction wood, food and traditional medicine. Other minor uses included using plant species for making mats, rope and shading. Firewood and construction wood ranked as the most important tree products used. The preferred plant species included: Julbernardia globiflora (Mutondo); Brachystegia spiciformis (Musasa); Terminalia sericea (Mususu); Brachystegia boehmii (Mupfuti); Combretum imberbe (Mutsviri); Combretum molle (Mubondo) and Burkea africana (Mukarati). Some of the highly preferred species, considered to be declining in the local environment, included Adenium obesum (Chisvosve); Azanza garckeana (Mutohwe); Brachystegia boehmii (Mupfuti); Brachystegia spiciformis (Musasa); Burkea africana (Mukarati); Combretum imberbe (Mutsviri); Combretum molle (Mubondo); Dalbergia melanoxylon (Mukonashanhu); Diospyros mespiliformis (Musuma); Elephantorrhiza goetzei (Ntorani); Julbernardia globiflora (Mutondo); Phragmites australis (Shanga; Poulzozia hypoleuca (Munanzwa); Pterocarpus angolensis (Mubvamaropa); Terminalia sericea (Mususu) and Uapaca kirkiana (Muzhanje). Highly preferred and declining species were characteristically large trees and shrubs. Local people are aware of the need to conserve plant resources in order to protect the environment and avoid the extinction of these rare species.Traditional conservation practices have substantially contributed to the conservation of plant species in Nhema communal area. The protection of indigenous timber, fruit trees, trees with social and cultural significance, the use of deadwood for firewood, the use of eucalyptus trees as construction wood and the occurrence of sacred woodland areas represented some of the traditional conservation techniques employed in Nhema communal area. These local practices demonstrate the dynamism and significance of African indigenous knowledge systems.     

Traditional health practitioners' practices and the sustainability of extinction-prone traditional medicinal plants

ABSTRACT

For centuries, traditional health practitioners (THPs) have used their indigenous knowledge (IK) in conserving medicinal plants and environments in order to maintain sustainability. Medicinal plants have played an important role in the healthcare system of Africa. With the rapid environmental, social, economic and political changes occurring in many areas inhabited by rural people, the danger exists that the loss of biodiversity from habitat destruction and unsustainable harvesting practices will cause some species to become extinct, threatening the availability of medicinal plants on a regional level. This article presents the findings of research conducted to investigate the sustainability of the harvesting practices of THPs, with specific reference to extinction-prone traditional medicinal plants in the study areas of the Limpopo province, South Africa. The main aim of the study was to determine the natural habitat of extinction-prone traditional medicinal plants, combining the insight of THPs with the ultimate goal of guiding research for the conservation, propagation and cultivation of traditional medicinal plants. The study adopted a qualitative research approach and data were collected using in-depth interviews. The findings indicate that the THPs’ practices are shaped by historical processes and local cultural values, social norms and their management strategies, which are influenced by a broad range of factors.     

Measurement of Postmortem Pupil Size: A New Method with Excellent Reliability and Its Application to Pupil Changes in the Early Postmortem Period

Measurement of postmortem pupil width is a potential component of death time estimation. However, no standardized measurement method has been described. We analyzed a total of 71 digital images for pupil–iris ratio using the software ImageJ. Images were analyzed three times by four different examiners. In addition, serial images from 10 cases were taken between 2 and 50 h postmortem to detect spontaneous pupil changes. Intra‐ and inter‐rater reliability of the method was excellent (ICC > 0.95). The method is observer independent and yields consistent results, and images can be digitally stored and re‐evaluated. The method seems highly eligible for forensic and scientific purposes. While statistical analysis of spontaneous pupil changes revealed a significant polynomial of quartic degree for postmortem time (p = 0.001), an obvious pattern was not detected. These results do not indicate suitability of spontaneous pupil changes for forensic death time estimation, as formerly suggested.     

Effect of Different Attentional Conditions on ERP Detection of Visual AcuityCSCD

Objective: To study the effect of different attentional conditions on the event-related potential (ERP) components generated by the visual information stimuli related to visual acuity, and provide a theoretical reference for clinical forensic visual objective evaluation. Methods: With visual acuity optotypes as normal form of visual information stimuli, 15 volunteers as study subjects were supposed to account the visual acuity optotypes under the attentional condition of visual stimuli. Furthermore, the subjects were required to listen to the storytelling carefully under the non-attentional condition of visual stimuli, and after the examination, they needed to answer the story-related questions. All the EEG results of two different attentional conditions from the subjects were recorded by 32 channel ERP system. Results: Under two attentional conditions, P1 and P300 components were evoked by the visual acuity optotypes on supra-threshold and threshold visual acuity levels, while only P1 component were evoked by the visual acuity optotypes on sub-threshold levels. In the ERP waveforms evoked by the visual acuity optotypes on supra-threshold, P1 and P300 amplitudes under attentional condition were larger than that under non-attentional condition. Conclusion: Attentional conditions can influence the detection of visual acuity. P300 component can be used to distinguish the visual acuity levels with supra-threshold and subthreshold under non-attentional condition. © 2017 by the Editorial Department of Journal of Forensic Medicine.