医疗纠纷处理模式的若干问题探讨

目前,医疗纠纷的数量急剧上升,现有的法规已难以适应形势的发展,医疗事故鉴定结论的公正性日益受到患者的质疑,其提出的高额赔偿要求已远远超过各省市现行规定的标准。医院管理者作为解决医疗纠纷的一线人员,普遍感到现有法规已难以操作。本文提出以完善立法为基础的几项改革措施：（１）成立卫生法庭（２）建立医疗风险保险（３）加强以行医执照的基础的行业管理（４）加快养老、医疗、残疾等社会保障制度的综合改革步伐。以此     

Drugalities: the generative capabilities of criminalized ‘drugs’

Drawing on cultural studies and actor-network theoretical traditions, this article explores the generative capacities of the ‘drugalities’ or personalities of different drugs. This article explores technologies of generalisation as well as specification in order to show that the ways in which a substance behaves pharmacologically, as well as the ways in which it is constituted culturally and officially, work to shape attempts to control its use.     

Shorter sentences for drug mules: The early impact of the sentencing guidelines in England and Wales

Abstract

Aims: In February 2012, new sentencing guidelines for drug offences became effective in all courts in England and Wales. An explicit aim was to reduce the length of sentences for drug “mules” and so make them more proportionate. Methods: This article examines their early impact drawing on data from the Court Proceedings Database and the Crown Court Sentencing Survey for importing/exporting a Class A drug. Findings: Overall, the guidelines have achieved their intended aim. The length of the average custodial sentence for drug trafficking fell following the introduction of the guidelines, largely due to taking defendants' roles into account. Notably, three-quarters of those in “lesser” roles received sentences less than four years, representing an important change. Nonetheless, around 10% of mules received very long sentences due to the continued use of drug weight in sentencing. Conclusion: The new guidelines represent an internationally important innovation in drug policy reform.     

Abortion law reform in Nepal

Across four decades of political and social action, Nepal changed from a country strongly enforcing oppressive abortion restrictions, causing many poor women’s long imprisonment and high rates of abortion-related maternal mortality, into a modern democracy with a liberal abortion law. The medical and public health communities supported women’s rights activists in invoking legal principles of equality and non-discrimination as a basis for change. Legislative reform of the criminal ban in 2002 and the adoption of an Interim Constitution recognizing women’s reproductive rights as fundamental rights in 2007 inspired the Supreme Court in 2009 to rule that denial of women’s access to abortion services because of poverty violated their constitutional rights. The government must now provide services under criteria for access without charge, and services must be decentralized to promote equitable access. A strong legal foundation now exists for progress in social justice to broaden abortion access and reduce abortion stigma.     

Families Impacted by the Criminal Justice System on the Frontier: A New Model Required

The article examines some of the systemic issues which adversely affect access to justice by Aboriginal people in the East Kimberley. The author contends that little or no adjustment is made in law, policy or service delivery to take account of the circumstances of aboriginal people in the region. The high rate of recidivism and rate of aboriginal imprisonment suggest the current model has failed. The author analysizes why the model has failed and proposes solutions. The paper was originally delivered to the 29th Annual ANZAPPL Congress in November 2009 when the author was the resident magistrate in the East Kimberley.