当前医疗损害鉴定制度存在问题与对策

随着《侵权责任法》的实施,医疗纠纷司法鉴定将在医疗损害鉴定中起着越来越重要的作用。我国的医疗损害鉴定制度经历了一系列的制度变迁过程。但是,基于医疗的专业性、复杂性和技术性,医疗损害的鉴定不是一般法医能胜任的鉴定工作。医疗事故技术鉴定制度仍是一项可利用的制度资源。当前医疗损害鉴定制度的构建,应警惕形式意义上的鉴定公正带来实质意义上的鉴定不公正;警惕法律对患者的保护带来医疗对患者的伤害。建议对医疗事故技术鉴定制度进行改造,使之成为类似于美国的审前审查机制,或者采取医疗损害司法鉴定特别许可制度,以完善我国的医疗损害鉴定制度。     

药物不良反应纠纷处理的困惑和思考

由药物不良反应引起的医疗纠纷日益增多,由于目前没有相应的法律法规来解决此类纠纷,使患者、医院和生产厂家都感到十分困惑和无奈。要处理好药物不良反应所引起的纠纷应该:1防患于未然,积极预防药物不良反应的发生;2依法处理,企盼相关的法律法规尽快出台;3加强监测,应用网络技术加强监测和报告;4更新理念,积极筹措药物不良反应补偿基金。     

Politics as usual? Assessing the extent and content of candidate-level online campaigning at the 2015 UK general election

There has been much work done investigating the adoption of online campaigns in UK general election campaigns. Although some research has focussed on the candidate-level (Gibson, R., W. Lusoli, and S. Ward. 2008. “Nationalizing and Normalizing the Local? A Comparative Analysis of Online Candidate Campaigning in Australia and Britain.” Journal of Information Technology and Politics 4: 15–30; Lee, B. 2014. “Window Dressing 2.0: Constituency-level Web Campaigns in the 2010 UK General Election.” Politics 34 (1): 45–57; Southern, R. 2015. “Is Web 2.0 Providing a Voice for Outsiders? A Comparison of Personal Web Site and Social Media Use by Candidates at the 2010 UK General Election.” Journal of Information Technology &; Politics 12 (1): 1–17), this is an under-researched area. This is despite early web-campaign scholars (Margolis, M., and D. Resnick. 2000. Politics as Usual: The Cyberspace Revolution. Sage) maintaining that e-campaigning could provide the most important advantages to campaigns at the candidate level. In light of this, the paper aims to provide the most comprehensive study of candidate-level online campaigning carried out in the UK to date. This paper employs original data, measuring website and social media use by candidates during the 2015 UK general election campaign. These data allow for a detailed explanation of the normalization thesis, one of the leading theories in the field of e-campaigns. The findings here are significant as there are several instances where normalization does not hold, suggesting that online tools are contributing to campaign change. Green Party candidates subverted normalization to a significant degree, particularly on social media. Assessing the campaign content, a quarter of candidates adopted more than one interactive feature on their website and furthermore, interactive use of Twitter was the most common type of Twitter use.     

西部大开发与民族地区的现代化--兼论邓小平同志的民族理论

西部大开发的关键是民族地区的发展,是民族地区如何走向共同繁荣,以实现现代化.这是邓小平理论的一个重要内容,也是解决民族问题的根本途径.     

Political opposition and the challenges of a dominant party system: The democratic alliance in South Africa

The African National Congress enjoys a position of leviathan-like dominance in South Africa. In official opposition stands the Democratic Alliance whose support has risen considerably since South Africa's first democratic elections in 1994. The white electorate strongly favours the party over its main rival, the Freedom Front Plus. The coloured community in the Western Cape has also given the Democratic Alliance its support. Although the party has done well in attracting the support of ethnic minority groups it has not been so successful among the African electorate. In accounting for the success of the Democratic Alliance this article considers three themes: firstly, the reasons why white voters, especially Afrikaners, shifted their support to the party; secondly, the brand of South African patriotism now used by the party to promote the primacy of a non-racial South African identity; and finally, the party's understanding of political opposition and the obstacles that exist to it making further electoral progress.     

The Freedom Front Plus: an analysis of Afrikaner politics and ethnic identity in the new South Africa

From the perspective of conflict analysis the main feature of contemporary South Africa is the absence of political violence. Yet it would be naive to think that the new political context is blissful to the point that ethnic tensions or anxieties do not exist. Certainly, for some groups, South Africa is not a place where ethnicity is no longer significant or politically relevant. This article explores contemporary issues relevant to Afrikaner politics and ethnicity in terms of concerns which have been voiced by its political organ – the Freedom Front Plus. The research findings point to the incompleteness of the process of conflict transformation in the country and identify certain factors that have given rise to a mood of alienation among some Afrikaners. Political and cultural disenchantment is manifested in a desire for territorial separatism. By exploring the Afrikaner perspective as it is articulated by the party, this article provides insight into the problems that surround inter-group reconciliation and nation-building in the country.     

Restitution or compensation: The open property question

German unification brought in train the principle of restitution, that property in the east should be restored to its former owners where that property had changed hands after 1945, or between 1933 and 1945, other than through ordinary commercial transaction or gift. This essentially backwards‐looking measure was bound to come into conflict with the need to promote investment in east Germany in the present and future, as well as to overcome the profound gulf which the years of division brought. The article examines property restitution in the general context of unification, and draws comparisons with revaluation legislation in the 1920s and the equalisation of burdens in the 1950s.     

The constitutional framework of the new Germany

Unification has again raised the question of continuity and discontinuity in German history. At the end of the Second World War, the jurist Kelsen put forward the theory that as a result of its defeat and. disarmament Germany had ceased to exist as a state. This view was generally rejected in theory, although in practice the position was not so clear‐cut. Subsequently, the use of the Basic Law to effect swift unification, together with the problems resulting from unification, has led to Kelsen's theory gaining in utility and justification.