美国《病人保护和可负担医疗法》的主要内容及启示

美国《病人保护和可负担医疗法》围绕扩大保险覆盖面、强化公共项目、提升医疗质量和效率、提高项目透明和廉正度、加强医疗服务人力资源建设和合理化资金投入等对美国医疗体系进行了全面而深入的变革。美国＂低成本、全覆盖＂的医疗改革可以为中国提供有益借鉴。     

The Law and Incapacity Determinations: A Conflict of Governance?

This article will consider the highly charged questions raised by two major sets of law reforms in England and Wales, the Mental Capacity Act 2005 and the Mental Health Act 2007, which, although applying to closely related clinical populations, proceeded along entirely separate legislative paths. By justifying its proposals for reform of mental health legislation on the grounds of 'risk', the Government failed to take into account the implications of enforced treatment on patients who may retain decision-making capacity.     

从犯罪构成分析追究医疗卫生监督员玩忽职守

近年来因非法行医致人死亡进而追究卫生监督员玩忽职守罪的事件屡屡发生。本文结合案例,从犯罪构成的角度分析此类案件的过失、危害行为、因果关系、主体的认定,从中找寻此类案件的辩护要点,避免在辩护中陷入误区。     

Interactive governance and implementation effectiveness in India's National Health Insurance Program

Many public sector programs, such as those directed at public health, are often multiagency tasks where structural incongruity in the program design is liable to emerge over time from changing operational requirements. Yet, successful implementation remains possible because of the interactions and relationships between implementation parties that encourage cooperation and collaboration despite incongruence in the program design. We examine how the dynamics of these interparty relationships influence implementation success in a comparative study of India's National Health Insurance Scheme. We find that implementation parties exhibiting support and complementarity in their interactions created a virtuous cycle of continually encouraging better performance and vice versa. Thus, our findings exhibit a distinct functionary role of interparty interactions and relationships for eliciting effective implementation and governance. The analysis also showcases the need for policy makers and policy designers to be cognizant of the inadvertent introduction of structural inconsistencies and veto points into program designs and their potential influence on implementation outcomes.     

浅析中华民国卫生法制之得失

本文分别从立法和法律实施的角度评价了中华民国卫生法制之得失,指出了卫生立法上的三项显著成就与四点明显不足,及法律实施过程中的成效与不足。通过对中华民国三十八年卫生法制得失的深入分析,旨在为当今卫生法制建设提供历史参照。     

A crisis of trust: history,politics, religion and the polio controversy in Northern Nigeria

ABSTRACT

In the middle of 2003, disagreement over the safety of the oral polio vaccine pitted ordinary citizens and community leaders in the predominantly Muslim north of Nigeria against the World Health Organization, the United Nations Children's Fund and Nigeria's federal authorities. During the crisis that ensued, five northern states (Niger, Bauchi, Kano, Zamfara and Kaduna) banned the use of the controversial vaccine on children in their respective domains. Underpinning Obadare's paper is the assumption that the immunization crisis is best understood after considering developments in the broader politico-religious contexts, both local and global. Thus, he locates the controversy as a whole against the background of the deepening interface between health and politics. He suggests that the crisis is best seen as emanating from a dearth of trust in social intercourse between ordinary citizens and the Nigerian state on the one hand, and between the same citizens and international health agencies and pharmaceutical companies on the other. The analysis of trust is historically embedded in order to illuminate the dynamics of relations among the identified actors.     

浅析执法释明在卫生监督和谐执法中的应用

执法释明是在执法过程中对与相对人实体和程序性权利、义务密切相关的内容开展专业、规范的释法说理工作,体现了正义、透明和效率的现代行政理念,是规范执法程序、拓展执法理念的有效手段,对卫生行政机关顺利开展执法活动,营造和谐稳定的监督执法环境具有重要意义。     

Detention under the Mental Health Act: balancing rights,risks and needs for services

Mental health law has to balance considerations of both justice, and health and welfare. In the political climate of the 1990s mental health services have become targeted on those with serious mental illness, to address the objectives of containing risks and limiting service expenditure. This paper identifies that increasing rates of detention under the Mental Health Act through the 1990s in a particular region, disproportionately involve longer-term detentions (under section 3), men, and people with serious mental illnesses. Those detained are likely to experience social difficulties. Changes in legislation are imminent, and the paper concludes that thought should be given to the amount of statutory intervention in the lives of seriously mentally ill people, and to the principle of reciprocity in relation to those coerced for lesser periods. Services should seek to address the issues of social exclusion which are reflected in the circumstances of those detained.     

卫生行政解释的若干问题

卫生行政解释对执法人员准确理解卫生法律规范，实现卫生行政管理目的具有重要作用。在对卫生行政解释作理论分析的基础上，对执法实践中遇到的行政解释的效力问题，与立法解释、司法解释的关系及在行政法律文书中引用等几个问题作了初步探讨。     

南通市卫生行政许可现状与思考

本文深入阐述了南通市卫生行政许可的现状，剖析了卫生行政许可存在的问题及产生的原因，并对如何适应新一轮审批制度改革，提出了创新性的举措，以及依法开展许可工作做了思考。