我国社区矫正制度发展研究——以法经济学为逻辑起点

社区矫正制度在我国还是一个新兴事物，是随着现代刑罚制度的发展和时代与社会的需要而产生的，是制度变迁、制度创新的产物。笔者以法经济学中的成本——收益原理为理论基点，对我国社区矫正制度的应然性进行合理解读，理性考量我国现有社区矫正制度在立法、司法、执法和守法四个方面存在的实然瓶颈和障碍。和谐架构社区矫正制度必须加快专门立法，扩大矫正形式；运用简易程序平衡司法公正与司法效率；设置特立机构，培养专业人才；重构守法观念，明确利益价值，准确把握对矫正对象的利益分配，从而形成一种多赢的有利局面。     

甘温除热法管见

金·李东垣针对当时的外感热病气虚毒强发热证,提出了甘温除热法,体现了扶正灭毒的治疗原则,创立了补中益气汤、当归补血汤等一系列名方和补中升阳泻火的用药法度,示人根据正邪斗争的具体情况来辨证施治,切不可一见发热便滥用攻伐,至今仍有现实指导意义。     

An unusual endometrioid adenofibroma of the uterine cervix: a histologic and immunohistochemical study

An unusual adenofibroma of the uterine cervix is reported. The cervix was bulkily enlarged but did not have a polypoid appearance. The neoplastic epithelium was in continuity with the covering epithelium of the cervix and consisted predominantly of endometrioid cells which proliferated to form numerous glandular structures of irregular size and shape. The glandular component resembled an endometrial hyperplasia, and was set in an abundant fibrous stroma which was moderately cellular and hyalinized. Both the epithelial and mesenchymal cells lacked cytologic atypia. Despite its benign appearance, the tumor occupied almost all the uterine cervix and extended into the upper vaginal wall. The epithelial cells showed diffuse positive staining for CA19-9 and were focally positive for carcinoembryonic antigen. The presence of dense periglandular fibrosis distinguished the present case from a minimal deviation adenocarcinoma of endometrioid type.     

Miracles and the limits of medical knowledge

In considering whether medical miracles occur, thelimits of epistemology bring us to confront ourmetaphysical worldview of medicine and nature ingeneral. This raises epistemological questions of ahigher order. David Hume's understanding of miraclesas violations of the laws of nature assumes thatnature is completely regular, whereas doctrines suchas C. S. Peirce's ``tychism' hold that there is anelement of absolute chance in the workings of theuniverse. Process philosophy gives yet another viewof the working of nature. Physicians have noepistemological grounds for declaring any cure to bemiraculous. Miracles are theological (orphilosophical) entities, and not medical entities. All physicians can do is to determine whether or nota cure is scientifically inexplicable according to thecurrent epistemological standards of medical science. As these standards change, what is currentlyunexplainable may become explainable. However, we canalso come to realize that our current explanations arein fact unsatisfactory. Our justifications ofknowledge claims about miracles will depend on ourviews about determinism and indeterminism. If theuniverse is not a deterministic one, we should be opento the possibility of encountering what appear to usas sui generis events. These would not beviolations of immutable laws of nature, butmanifestations of the true workings of nature, andcertainly causes for wonder.     

Discarding ideology: the nature/nurture endgame

TOPIC: The concepts and research that underpin our understanding of how the brain is the organ of the mind. PURPOSE: To describe the dynamic nature of nervous system functioning and development; to discuss how the nervous system changes anatomically throughout the lifespan; to examine the vital role and interaction of genetics and environment; and to discuss the relationship among the brain, neurotransmission, genes, and psychiatric illness. SOURCES: Published literature. CONCLUSIONS: The latest research from the neurosciences lays to rest any suggestion that psychiatric illnesses are psychologically induced.     

"治病求本"概念讨论

“治病求本”是中医治则理论体系中最高层次的治疗原则。通过分析各种对病“本”的认识,提出治病求本的概念可以描述为：治病求本,是指临床时寻求出病证的本质,然后针对其本质进行治疗。     

男女孩自然头势位重复稳定性纵向变化的比较研究

目的:纵向比较男女孩之间自然头位(NHP)的可重复性和稳定性.方法:根据Bjork前颅基底稳定结构重叠法,头影测量30名男孩和30名女孩在NHP状态下6岁、9岁、12岁、15岁和18岁时拍摄的X线头颅侧位片,测量各样本的NSL/VER角,然后进行统计分析.结果:①男孩NSL/VER角在各阶段显著大于女孩,男女孩NSL/VER角度随年龄增长而轻度增大.②男女孩之间在10个年龄段的NSL/VER角的平均变化值、标准差、Dahlberg值及变化值大于5°的计数差异均无统计学意义(P＞0.05).③男女孩在6岁时与其他各阶段之间的平均变化值、标准差、Dahlberg值及变化值超于5°的计数(P＜0.01)都明显偏大于9～18岁期间的各值.结论:男孩NHP要比女孩轻度前倾,但男女孩之间NHP在远期可重复性及稳定性之间差异没有显著性,均表现为随着生长发育,自然头位出现轻度前倾.     

Medical experts and the law: Safeguarding children,the public and the profession

Paediatricians working in child protection are sometimes required to act as expert witnesses in legal proceedings. Given the significant influence of opinion evidence on the jury, it is imperative that they understand their responsibilities to the court in this medico‐legal interface and recognise their boundaries of expertise. Recent cases in the United Kingdom and in Australia have thrown the spotlight on paediatricians working as forensic experts in legal proceedings which has led to much public scrutiny and intervention by medical disciplinary bodies placing practice sanctions on child protection paediatricians. These decisions have had a significant impact on the workforce, with fewer paediatricians and those in training now willing to work in the field because of fears of disciplinary sanctions being instigated by those adversely affected by unfavourable forensic opinions. This article includes a detailed summary of these cases including excerpts from legal judgments, which highlight critical issues for the expert witness, which have had a significant impact on individuals, the profession and impacted on public confidence in the profession. In Australia, it is timely that we reflect on these lessons learnt and look to development of educational standards and forensic credentialing to enable continuity of a skilled paediatric workforce in child protection.     

The common law power of the legislature: insurer conversions and charitable funds

New York's Empire Blue Cross and Blue Shield conversion from nonprofit to for-profit form has considerable legal significance. Three aspects of the conversion make the case unique: the role of the state legislature in directing the disposition of the conversion assets, the fact that it made itself the primary beneficiary of those assets, and the actions of the state attorney general defending the state rather than the public interest in the charitable assets. Drawing on several centuries of common law rejecting the legislative power to direct the disposition of charitable funds, this article argues that the legislature lacked power to control the conversion and direct the disposition of its proceeds and that its actions not only undermined the nonprofit form but also raised constitutional concerns.