药品专利权的功能异化与修正

高投入、高风险的制药业需要依赖药品专利权激励药品创新并促进药品获得。然而,TRIPs协定下高水平的药品专利保护体系使得药品专利权发生了一系列功能异化,具体表现为减缓药品创新速度、药品获得困难以及国际社会的财富分配不公。因此,有必要反思并重构现有的药品专利国际保护制度,借鉴并创新国际社会诸如公私合作伙伴关系模式与药物研发财税金融支持机制等已有的经验与实践,从而更好地兼顾药品创新与药品持续获得。     

试析几种毒品犯罪与其他犯罪的联系与区别

毒品犯罪与某些犯罪在司法实践中容易混淆 ,如 :走私毒品罪与普通走私罪 ;贩卖毒品罪与销脏罪 ;包庇毒品犯罪分子罪与包庇罪 ;窝藏、转移、隐瞒毒品、毒脏罪与洗钱罪等等 ,在认定时应注意区别。     

我国毒品犯罪的情况及特点

近年来 ,我国政府禁毒的态度明确 ,决心坚定 ,动员和领导全国人民同毒品犯罪进行了坚决的斗争 ,取得了很大的成绩 ,但我国所面临的形势依然十分严峻。     

谈戒毒工作与人性化管理

所谓人性化就是人情味,是对人自身价值的确证,是对人权利和尊严的敬重。戒毒中的人性化应看作是用人道的方法,帮助吸毒者摆脱毒品,预防犯罪的策略。措施:1 加强立法工作;2 配备专业人员;3 改善戒毒机构的经济条件;4 开展思想帮教;5 从生活和工作上关心戒毒人员;6 改善吸毒人员的生活习惯。     

打击外流贩毒活动的几点思考

新疆贩毒分子外流贩毒活动经过十几年的发展,无论是人数、规模、活动范围,还是危害程度都发生了很大变化。特别是“三股势力”参与贩毒活动,直接危害到国家安全。新疆籍外流贩毒人员的特殊性要求我们必须树立全国禁毒一盘棋的思想,立足新疆,放眼全国,主动出击,联合作战,稳、准、狠地打击外流贩毒活动的嚣张气焰。     

Workplace drug testing in a military organization: Results and experiences from the testing program in the Finnish Defence Forces

In the military environment drug abuse is a particular risk for occupational safety. In the Finnish Defence Forces a drug testing program was conducted in 2002–2005; soldiers, professional civilians, and military students were tested when applying for a work or right to study; furthermore, annually 5% of the personnel were subjected to random testing. In total, over 2000 urine samples were analyzed in an accredited laboratory for cannabis, opiates, amphetamines, or cocaine. In this article, the drug testing program as a part of the anti-drug strategy of the Finnish Defence Forces is described, and the findings including practical experiences and financial expenses are reported. Only one person applying for a civilian post tested positive for amphetamine and cannabis. In seven other samples codeine and morphine were detected; these were, however, due to prescribed medication, not drug abuse. In the execution of the program, no particular difficulties were reported. In conclusion, it seems that the use of illicit drugs in the Finnish military is extremely rare, at least partly due to the successful anti-drug strategy. After an elaborate planning, even an extensive drug testing program can be executed without substantial setbacks. In the future, the effectiveness of drug testing programs as a means of improving occupational safety needs to be investigated in controlled studies using comparative design.     

Patterns in drug use in the United Kingdom as revealed through analysis of hair in a large population sample

This paper presents an overview of the most common sectioning patterns utilised in the analysis of hair for drug use; report on the major user groups (sectors) that currently make use of hair analysis in the United Kingdom (UK); present the results for the different drug groups analysed in samples of hair samples analysed at TrichoTech between 2001 and 2005.A total of 186,084 tests on 34,626 hair samples were performed for the commonly requested drug groups. There were 145,799 enzyme-linked Immunosorbent positive screening tests (ELISA), which were subsequently confirmed by gas chromatography equipped with mass spectrometry detection (GC–MS). The two major sectors were the Medico-Legal sector (65%) and Workplace (20%). Police (Forensics), Clinical Monitoring, Schools, Research and Insurance accounted together for the remaining 15% of the samples. Combinations of several sections patterns were requested covering periods from the most recent month up to 24 months. The most common sectioning pattern was one single section measuring 3 cm, to cover the most recent 3 months (44%), which in some cases was complemented by a further 3 cm to cover together 6 months (13%). The second most common sectioning pattern was the analysis of three sections of 1 cm each to cover the most recent 3 months (28%), when a more detailed evaluation of drug use pattern was relevant. Samples collected from other areas of the body such as axilla, pubic, chest, beard and leg, constituted 6% of the samples. The analysis of monthly sections plays an important role in the evaluation and interpretation of drug use, particularly in certain Medico-Legal cases. The sectors with the highest rates of positive results were Police (Forensics) (78%), Medico-Legal (62%) and Clinical (54%). The common drugs in each group were cannabinol (27%), cocaine (25%), morphine (17%), amphetamine (13%) and diazepam (15%). The positive rate for the Workplace sector was 10%. The most common drugs detected in the Workplace samples in each group were: THC (4%), codeine (2%), cocaine (2%), MDMA (0.5%) and diazepam (0.1%). The concentration levels of drugs found in samples from the workplace were lower than in the other sectors (95% of cases). The exceptions were for dihydrocodeine and MDMA, where levels were 170 and 143% higher, respectively. However, the maximum levels detected in the Workplace samples were lower. The Medico-Legal sector is the most prevalent sector using hair analysis in the UK but the rate of Workplace sector use of hair testing is increasing. One in 10 workplace hair tests detected the presence of at least one drug, which is twice the rate of detection using urine, which is a 1 in 20 urine sample. This means that the chances of identifying people on drugs in the workplace by testing hair samples are twice as likely than urine samples.     

CREDIBLE RESEARCH PRACTICES TO INFORM DRUG LAW ENFORCEMENT

Chairing the recent National Research Council Committee on Data and Research for Policy on Illegal Drugs, I learned that our nation has invested little in research on drug law enforcement and that the limited available research does not provide a credible basis for formation of drug control policy. This commentary conjectures reasons for the distressing status quo and recommends changes in research practices that may improve matters.     

从中国妇女受辱案看马来西亚华文报的历史责任

本文以中国女子受辱事件为观察对象,论述了马来西亚华文报纸的特点与功能,指出它们具有高度的新闻职业精神、履行华人喉舌职能、维护华人权益和帮助政府改善施政等特点。