交通事故颅脑损伤233例法医学鉴定分析

通过对233例交通事故颅脑损伤案例的分析,对受伤者的性别、年龄及损伤程度进行了统计。并对其颅脑外伤后遗症和伤残等级的关系、评定时间及脑外伤后神经功能障碍的认定进行了探讨。     

制定民法典人格权法编需要解决的若干问题——“中国民法典制定研讨会”讨论问题辑要及评论（一）

制定民法典人格权法编,应当集中精力解决我国民事主体人格权的保护范围和保护方法.在立法和实践中已经规定和保护的人格权,应当继续予以肯定和完善,没有规定但是应当予以保护的人格权和人格利益,也应当予以规定,例如信用权、形象权、知情权、环境权、平等就业权、信息权和商品化权等.在保护方法上,应当确立人格权请求权的保护方法,与侵权请求权相配合,更好地保护我国民事主体的人格权.     

困境与突破--评《最高人民法院关于民事诉讼证据的若干规定》

2001年12月6日最高人民法院审判委员会第1201次会议通过了<最高人民法院关于民事诉讼证据的若干规定>(以下简称<规定>),在民事诉讼证据领域作出了多处重大的理论突破,在实践中也取得了积极的效果.但<规定>也存在有若干缺陷,本文主要针对这些缺陷进行了分析,并作出自己的评价.     

完善消费者保护法律制度的几点思考

针对 WTO的新形势和我国在消费者权益保护方面的不足 ,论证如何完善在消费关系 ,格式合同 ,特种买卖 ,消费者个人信息的适用与保护 ,召回制度以及如何追究经营者责任 ,保障消费者获得赔偿等方面的立法。     

个人健康医疗信息和隐私权保护

Personal health care and medical treatment information are both personal information which can be used as a sign to identify each individual. Such information shall be under the control of the owner. The comprehensiveness of personal health care and medical treatment information makes it more valuable than the simplex personal information. The controlling right of personal health care and medical treatment information is irretrievable once deprived. The rights of controlling, managing and using regarding personal health care and medical treatment information can be separated appropriately. The right of privacy is an independent personality right. For the protection of public interests, the right of personal privacy shall be appropriately limited. Meanwhile, the government shall be responsible for the protection of personal health care and medical treatment information. Tang Xiaotian is a professor and supervisor in charge of the development and planning division of Shanghai University of Political Science and Law, and deputy General Secretary-in-chief of the Society of Law of Shanghai, whose main studies is focused on victim science, criminal law and criminology. Till now, he has 8 monographs and over 90 articles published in academic journals.     

论一般人格权的立法模式--以德国与瑞士立法例之对比考察为中心

一般人格权制度的产生及其模式是与民法典尤其是人格权法的立法模式息息相关的,因此,受限于不同制度背景的一般人格权制度必然会表现出不同的特点。从我国民法典制定的大背景着眼,将一般人格权的内涵予以明确规定,才是我国民法典的最优选择。     

An Examination of the Effects of Different Victimization Types on Psychological and Behavioral Health Outcomes and the Mediating Role of Stress

Although a considerable amount of research has highlighted the link between interpersonal victimization and adverse psychological and behavioral health, a paucity of research has examined and compared the effects of multiple forms of victimization in the same study. There is also a limited understanding of the underlying individual factors (e.g., emotional processes) that might link experiences of victimization to psychological and behavioral health adversities. To address these gaps, the author used a nationally representative sample of 19,422 Canadians aged 15 years old or older to examine the effects of different types of victimization on psychological and behavioral health outcomes, and to determine whether these associations are mediated by perceived stress. Results revealed that some victimization types (i.e., personal, household/property, cyberbully, ex-partner physical/sexual and emotional abuse) had statistically significant adverse effects on psychological and behavioral health outcomes (i.e., self-report mental health, life satisfaction, satisfaction with safety from crime, and alcohol/drug abuse). Results also revealed that perceived stress mediated the association between some victimization types and psychological, but not behavioral, health outcomes. Discussion points toward the utility of examining multiple victimization types, as well as other converging individual factors or adversities, in explaining psychological and behavioral health outcomes.     

Poor choice? Smith,Hayek and the moral economy of food consumption

This paper explores the moral economy of food in the United Kingdom via discourses on food bank usage and obesity. It argues that both of these markers of malnutrition were interpreted under the Conservative-led governments of David Cameron (2010–2016) as failings of personal responsibility and identified primarily with the working class, advancing the assumption that poor people make poor choices. Based on a critique of this account, our wider contribution is two-fold. First, we identify the Hayekian lineage of the discourse of personal responsibility, highlighting its utility in facilitating a form of neoliberal market consent through its insistence on self-reliance. Second, we stake out an alternative to this conceptualization through a discussion of Adam Smith’s notion of self-command, which we call interpersonal responsibility.     

Unusual Elevator-Related Deaths: A Report of Two Cases

We present two cases of elevator-related deaths that occurred in two different elevators, and deaths were caused by a similar, but unusual, mechanism. An elevator is a platform or compartment housed in a shaft for raising and lowering people or things to different levels. Elevator-related deaths and injuries are rarely reported in the literature. In most of these cases, cause of death was attributed to falls. It seems that most of the elevator accidents may be attributed to factors related to device maintenance inadequacies or even to device malfunctioning. In our cases, both elevator cars were not equipped with full-length inner doors, thus allowing both accidents to occur. Since 2014, the European Union adopted a relative directive, which imposes the need to equip all elevators with such full-length doors. The enforcement of the above-mentioned EU Directive is crucial, in order to prevent similar accidents in the future.     

Identifying Fatal Head Injuries on Postmortem Computed Tomography Using Convolutional Neural Network/Deep Learning: A Feasibility Study

Postmortem computed tomography (PMCT) is a relatively recent advancement in forensic pathology practice that has been increasingly used as an ancillary investigation and screening tool. One area of clinical CT imaging that has garnered a lot of research interest recently is the area of “artificial intelligence” (AI), such as in screening and computer-assisted diagnostics. This feasibility study investigated the application of convolutional neural network, a form of deep learning AI, to PMCT head imaging in differentiating fatal head injury from controls. PMCT images of a transverse section of the head at the level of the frontal sinus from 25 cases of fatal head injury were combined with 25 nonhead-injury controls and divided into training and testing datasets. A convolutional neural network was constructed using Keras and was trained against the training data before being assessed against the testing dataset. The results of this study demonstrated an accuracy of between 70% and 92.5%, with difficulties in recognizing subarachnoid hemorrhage and in distinguishing congested vessels and prominent falx from head injury. These results are promising for potential applications as a screening tool or in computer-assisted diagnostics in the future.