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.     

中国宪法惯例问题辨析

中国是具有宪法典的国家,而没有所谓的不成文宪法。中国的宪法惯例必须紧紧围绕和依赖宪法规范才能存在和发展,如果主要的宪法规范都无法实施,宪法惯例一说就大为可疑,因为惯例是规范的"润滑剂"而非"溶化剂"。在这个意义上,宪法惯例和政治惯例不可混为一谈。至于中国宪法的实施途径,首要在于宪法的法律化和违宪审查机制的建立,那些零星、有争议的宪法惯例是无法独当宪政建设之重任的。宪法惯例的不恰当泛化,已构成对宪法规范性的直接挑战,因而有必要重申宪法的规范性。总之,寻求对中国宪法实施问题的解释,最紧要的不是去寻找和确认业已存在哪些宪法惯例,而是要去追问和探求是否存在宪法惯例发展的土壤和机制。     

The Effect of NEA Grants on the Contributions to Nonprofit Dance Companies

Affirmative action and diversity can serve as a powerful framework for helping arts management educators address the challenge of diversity in the arts. This article encourages arts management educators to use affirmative action and diversity to proactively recruit diverse students into academic degree programs.     

A decade on from the NCH Report (1992): Adolescent sexual aggression policy,practice and service delivery across the UK and Republic of Ireland

Abstract

This paper considers the issues involved in the use of manuals to guide the treatment of sexual offenders. I identify problems in the use of manuals, particularly their failure to encourage satisfactorily the implementation of therapeutic skills, the restrictions they place upon the therapist's ability to address the responsivity principle, the limits to which manuals can accommodate changes as a result of new evidence and the suppression of innovation. I offer suggestions for an alternative set of strategies to ensure the integrity of treatment delivery while at the same time overcoming the problems associated with manualization.     

Rethinking UK Parliamentary Adaptation in EU Affairs: Devolution and Europeanisation

How national parliaments adapt to the European Union is an important debate. However, scholars often overlook the regional aspect. This is particularly so for the UK where, despite devolution since 1999, scholarship remains largely devolution-blind. It is assumed that evaluating UK parliamentary adaptation only requires assessing the work of Westminster committees. This article takes a first step towards rectifying this oversight through reconceptualising UK–EU parliamentary engagement as multi-territory, not state-centric. This is demonstrated by comparing the social construction of practices in Scotland, Wales and at Westminster since 1999. Acknowledging devolution, however, does not just require comparing practices. Additionally, the paper asks how the ideas of devolution have been taken up by actors, potentially transforming the meaning of UK engagement for them. This necessitates new approaches drawn from interpretivist and constructivist institutionalist theories. Ultimately, therefore, the paper goes further than arguing for devolution-aware research to promoting change more generally in how parliamentary adaptation is theorised.     

Values,imaginaries and templates of journalistic practice: a Critical Discourse Analysis

This article shows that templates are not only crucial for the ways in which journalists construct or structure the media discourse but also for how they perceive themselves and others in the process of journalistic practice. A Critical Discourse Analysis of interviews with Polish journalists on their practices related to reporting migration – a topic largely discarded and ignored by the Polish media – shows that the construction of practice in the journalistic field constantly negotiates the contradiction between “knowing-it-all”, a key element of the template of journalistic habitus/identity, and the frequent lack of experience or limited knowledge of practice and of journalistic work. The analysis reveals that, while often using a discursive strategy of pre-legitimation, journalists enact templates that blur the boundaries between discourses about experiences of journalistic work and imaginaries or scenarios of actions they would only potentially undertake. Journalistic discourses of practice thereby become increasingly displaced, that is, they run along similar templates of discourse of/about quasi-universalised ethics and values of journalism almost irrespective of media organisations of the informants. By the same token, it is emphasised that, rather than being limited by the ideologies and powers of media organisations, agency seems to be often self-constrained by journalists in their self-entrapment in values, templates and imaginaries of journalism.     

Rescuing constructivism from the constructivists: a critical reading of constructivist interventions in Southeast Asian security

Abstract

Constructivist contributions to the study of Southeast Asian security raise much-needed awareness of identity concerns and introduce conceptual and methodological innovations into the study of identity. However, their shared rationalist proclivity to couple subjectivity with sovereignty revives the enduring problem of treating agency as ultimately pre-given. Contrary to their professed aim to restore to security studies an appreciation for history and practice, the contributions of many Southeast Asia constructivists are quite tellingly essentialist, particularly their concessions to state-centrism and ideational/normative determinism, both due partly to an uncritical emulation of rationalist constructivist perspectives in International Relations (IR) theory. In granting ontological priority to states, Southeast Asia constructivists cannot fully transcend reification because their denaturalizing of international anarchy or regions comes at the expense of a reified state. In reifying either the state or ideas/norms, their claim to privilege practice in their analyses of Southeast Asian security becomes suspect. But if process and practice are to be taken seriously, then Southeast Asia constructivists must avoid presuming a preordained subjectivity that invalidates their claim to study social construction.     

Two ways of realizing justice and democracy: linking Amartya Sen and Elinor Ostrom

In The Idea of Justice (2009), Amartya Sen advocates democracy defined as ‘public reasoning’ and ‘government by discussion’. Sen’s discursive approach facilitates the exercise of political freedom and development of one’s public capacities, and enables victims of injustice to give public voice and discussion to specific injustice. It also responds to the contested nature of ‘universal human rights’ and the need to clarify and defend them via public reasoning. However, Sen’s approach leaves intact the hegemony of a liberal form of democracy that prioritizes political and civil rights over social and economic rights and thus precludes alternative democratic forms, most notably a form of cooperative democracy that politicizes social and economic activities in the pursuit of local and global justice. Sen’s ‘government by discussion’ must combine with cooperative democracy and a global ethos emphasizing cooperation (and action) over privatization in order to address our most serious global injustices, including exploitation, inequality and poverty in the Global South, accelerating destruction of the environment and biodiversity, and global warming and climate change.     

检察机关服务基层长效机制建设研究

当前检察机关在服务联系基层工作中存在联系渠道传统、单一,缺乏沟通技巧以及群众工作能力与社会新形势不相适应等现实问题,而这导致了检察机关与基层之间存在一定程度的脱节,两者之间不能实现无缝衔接及有效互动,这在一定程度上损毁了检察机关执法公信力,进而成为制约检察工作科学发展的瓶颈。文章通过资料分析及实证研究等方法,建议从加强沟通的平台建设以畅通群众诉求、加强群众工作能力建设以提高服务水平等方面建立服务基层的长效机制。