禁食野生动物的刑法规制与教义阐释——以《刑法修正案(十一)》第四十一条为中心

《中华人民共和国刑法修正案(十一)》增设了针对陆生野生动物以食用为目的的危害行为的法律规制,在原有罪名基础上进一步拓展了野生动物刑法保护的外延。这一立法条款修订与疫情防控的社会背景相关,体现了积极主义刑法观回应社会现实的功能。此次刑法修正案对野生动物的立法完善不仅是尊重动物伦理生命权的体现,而且深层次地涉及公共卫生安全的法益考量,是弱人类中心主义在刑事立法领域的生动展现。野生动物的刑事法律规制并未采用全面保护的立场,这一保护的有限性是刑法作为保障法的地位所决定的,这也决定了在野生动物保护的法律规则体系中,需要审慎辨析刑法与行政法律规范之间的关系。在具体适用时应当结合此次修正案的条文设置进行教义分析,合理把握具体要件的内涵与彼此之间的逻辑关系,防范以保护之名而随意逾越刑法边界。     

全球卫生公共产品供给:中国角色与路径

卫生议题正处在当前全球治理的突出位置,其核心是如何更有效地实现全球卫生公共产品供给。作为新兴负责任大国,中国秉持人类命运共同体理念,积极参与全球卫生治理体系变革,成为日益重要的引领者与公共产品供给者。中国通过多边、区域、双边等多元路径实现供给,国内与国际逻辑趋于统一,逐渐形成了自己的鲜明特色;但在供给体制、产品结构等方面也存在一些不足。新时代中国卫生外交需着眼于全球治理趋势,立足于自身实力与责任,通过提供更多全球卫生公共产品来推动全球卫生领域的良好治理,为构建人类卫生健康共同体作出应有贡献。     

African solutions to African problems and the Ebola virus disease in Nigeria

Africa grapples with the world's most serious public health crisis, but this article shows that there are public health solutions that work in the African setting. When the Ebola virus disease outbreak was announced in Nigeria in July 2014, some public health specialists worried that an apocalyptic outbreak would sweep through the vast slums of Lagos. The words “Ebola” and “Lagos” in the same sentence were viewed as a dangerous combination, due to the large population of Lagos and the inefficient health care system in the city. Contrary to this view, the outbreak of Ebola virus disease was successfully contained in Nigeria. This article focuses on the factors that were responsible for this success. It examines strategies developed within Nigeria that help to ensure the successful containment of the disease. The paper identifies lessons that can be learnt by other countries from the Nigerian experience.     

“We want financial accountability”: deconstructing tensions of community participation in CHPS,Ghana

This article reports on the ways and factors that facilitate or constrain community participation in the Community-based Health Planning and Services (CHPS) programme in Nsanfo, a village in Central Region of Ghana. We found that the community made an important step through mobilising the necessary resources in establishing the CHPS compound, which has resulted in improved access to health care. Yet maintaining the facility did not matter most to community members, owing chiefly to unmet demands for financial accountability pertaining to the running of the programme. Failure to clearly identify various actors and their roles potentially explains this state of affairs.     

High‐Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases.     

“香烟”弥漫的青春:作为一种“过渡期仪式”的青少年香烟消费

青少年吸烟不仅是一种健康风险行为,也是一个备受争议的学术话题。本文将青少年男性的吸烟行为视为一种"过渡期仪式",并从仪式道具、仪式剧本、仪式表演角色和仪式观众四个维度分析了青少年男性是如何借助仪式实践而顺利实现青春期的角色转变和身份认同。文章最后对过渡期仪式实践的起始与终结、男性气质与健康风险行为的内在关联进行了深入的思考。     

新加坡的医疗保障体系

新加坡医疗保障体系以其投入低、效率高为世人所称道。文章介绍了新加坡医疗保障体系的筹资和医疗服务供给系统,并对其进行公平和效率评估,认为新加坡医疗体制的成功实际上并不能归功于医疗个人账户制度,而是源于其内设的对低收入者就医的补贴制度和个人自付费用对医疗服务消费的控制。     

Medical–Legal Partnerships: How Legal Services can Dramatically Improve Health Outcomes,and the Missed Opportunity to Help Women Seeking Abortions

There are significant health disparities in the United States, with low‐income and minority Americans experiencing higher rates of chronic disease and autoimmune disorders. Research has firmly established that social factors ‐ such as malnutrition, limited access to healthcare, and safe housing ‐ play a critical role in these health disparities. Medical‐Legal Partnerships are a relatively new approach to improving the health of people living in poverty by addressing the root causes of these health‐harming social factors. This article discusses the benefits of Medical‐Legal Partnerships and argues for continued expansion of the model, particularly in pediatricians’ offices, because parents are more likely to seek medical care for their children than themselves. This article further discusses how legal constraints prevent federal funding for Medical‐Legal Partnerships in abortion clinics; this creates a missed opportunity to work with women who are seeking abortions, many of whom face considerable social and economic challenges that could be addressed through legal assistance. This article digs into the legal restrictions that create this missed opportunity and proposes potential solutions to better serve the vulnerable population of abortion‐seeking women.     

Guiding Principles for Family Justice Programs

The Association of Family and Conciliation Courts and Relate, UK, co‐convened a 24‐hour consultation at St George's House, Windsor, UK, on modern family justice issues across Europe. This article identifies a preliminary set of guiding principles for family justice programs developed by consultation participants.