宣州基层避孕方法知情选择工作浅析

基于对安徽省宣州市几个乡镇的走访调查 ,概述了当地避孕方法知情选择工作开展现状和取得的初步成效 ,简要分析了存在的问题并提出相应改进建议     

论侵权行为法中受害人的同意

在侵权行为法中,受害人同意是指,受害人就他人特定行为的发生或者他人对自己权益造成的特定损害后果予以同意并表现在外部的意愿。它可以是明示的,也可以是默示的。合法有效的受害人同意包括以下几项要件:必须有明确具体的内容;真实的、自愿的;受害人具有同意能力;加害人尽到充分的告知、说明义务;不得违反法律的强行性、禁止性规定以及公共秩序、善良风俗。合法有效的受害人同意能够作为违法阻却事由或抗辩事由,从而免除加害人的侵权责任。但是,受害人对于犯罪行为的同意既不能免除加害人的刑事责任,也不能免除民事责任。受害人的同意与受害人故意、自甘冒险、免责条款之间既存在相同点,也有不同之处。     

Patients’ competence to consent to neurobiological research

Progress has been made defining the standards for determining subjects’ competence to consent to research: abilities to communicate a choice, understand relevant information, appreciate the nature of the situation and its consequences, and manipulate information rationally. Available data show clearly that persons with mental illness display a spectrum of decisionmaking abilities, with many performing well, but some doing quite poorly. More attention now is required to identifying the degree of capacity required for competent consent to projects with varying risk/benefit characteristics. Practical means are also required for screening for subjects with impaired capacities, attempting to improve their performance, and providing substituted consent when their deficiencies are intractable.     

Sexuality,Adolescence and the Criminal Law

SUMMARY

The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.     

Empirically supported ethical research practice: The costs and benefits of research from the participants’ view

Researchers and institutional review boards are routinely called upon to evaluate the cost‐benefit status of proposed research protocols that involve human participants. Often these assessments are based on subjective judgments in the absence of empirical data. This reliance on subjective judgments is of particular concern for studies involving clinical samples where unfounded assumptions may adversely affect research progress or clinical outcomes. The Reactions to Research Participation Questionnaire (RRPQ) was designed to address this shortcoming and to help promote ethical decision making about research practice. The present study describes development of the RRPQ and presents a series of exploratory and confirmatory analyses investigating its structure. Based on these findings, a revised version of the instrument and suggestions for future research are presented. This approach provides a foundation for scientifically informed protection of human subjects.     

受害人同意在身体法益侵害中的界限

基于自我决定权,受害人可以同意对特定法益的侵害,但受害人对身体法益侵害的同意不是无限制的;受害人对身体法益侵害的同意只有在不违背公序良俗或社会公共利益时才是有效的,才能阻却侵害行为的违法性。在具体适用公序良俗或公共利益原则判断时,不仅要看侵害行为的结果,也要综合考量侵害行为的客观样态及行为人自身的主观样态。     

同意的涵义、性质及其类别

在伦理学视野下，最一般意义的同意是同意者基于自己的意志自由，以某种作为或不作为的形式，对被同意者提出的要求、建议或意见等给予肯定或否定的意思表示。除了一般的同意概念之外，还有次一级的概念如明示同意与默示同意、假设同意与推定同意以及拒绝同意、撤销同意和非同意等关联概念也应当引起人们的注意。次一级的同意概念，应当在理解一般意义的同意概念基础上依据其所在特殊情境予以具体理解。     

A little too much of the buchenwald touch? Military radiation research at the university of Cincinnati, 1960–1972

From 1960 through 1972, Dr. Eugene Saenger oversaw the experimental administration of lethal and near‐lethal doses of radiation to hospital patients at the University of Cincinnati. These experiments were funded by the US Department of Defense, and were specifically designed to acquire military information on the effects of radiation in combat soldiers. Although Saenger's research was terminated after public exposure in 1971, a full and detailed account has not been available until now. The account provided by the President's Advisory Committee on Human Radiation Experiments (ACHRE) in their Final Report of 1995 was incomplete. Our account is based on a reanalysis of all the material available to ACHRE, including highly critical peer reviews by U.C. faculty members. We also present, for the first time, several case histories taken from the medical records of Dr. Saenger's subjects.     

The Ethics of Medical Decision-Making with Japanese-American Elders in Hawaii

SUMMARY

This study reports observations by oncology nurses, doctors, social workers and administrators at Queen's Medical Center (QMC) in Honolulu (N = 50), concerning cultural, religious and institutional factors influencing mentally competent Japanese-American elders signing medical informed consent (IC) documents without understanding them. Sixty-eight percent of respondents reported having observed elderly Japanese-Americans signing IC documents without understanding them. Explanatory concepts of enryo(refraining from imposing one's own interest or desire), oyakoko(filial piety), ishin-denshin(silent communication) and obasute(a traditional practice of sacrificing oneself to avoid being a burden to others), in addition to other cultural concepts are discussed for their possible contribution to “signing without understanding.” Suggestions are made for further research to include elders and their family members to explore the perceptions of IC. The study concludes with recommendations for improvements to the laws, policies, programs and procedures governing the IC process in order to achieve a better fit with the cultural, ethnic and religious characteristics of Japanese-American elderly patients in America.     

Sexual Consent

SUMMARY

What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of, and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual (“age of consent”, “minimum age”)? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., “seduction”, “corruption”)? Should sexual contacts with minors within a relationship of authority be criminalized generally or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these important questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached in this area.

This analysis will provide an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It will show which categories of offenses exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. It turns out that all states in Europe and all of the studied jurisdictions overseas do have minimum age limits for sexual relations, do punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in two-thirds with 15-year-olds; in a majority, this is also the case when the older partner has started the initiative (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from the age of 16 onwards. Nearly all European jurisdictions set the same age limit in the criminal law for depicting sexual activity as for the sexual activity itself. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused the age limit in most jurisdictions is set between 14 and 16; if it is misused between 16 and 18. Most states make no difference between heterosexual and homosexual relations.