亲告罪救济机制的反思与重构——从比较法的角度切入

刑法告诉才处理案件中的自诉机制在实践中往往会发生障碍,公权力在何种情况下介入方为合适就成为理论和实务中不可回避的问题.本文作者通过对中国现行法律规定和大陆法系各国立法例的分析认为,一方面应当拓宽此类案件的追诉途径,另一方面则应当分别不同情况由检察机关协助自诉,或者在保障被害人意愿的前提下求诸公诉程序.     

原画的复现——虎妞形象之另解

在<骆驼祥子>中,虎妞是作为一个相貌丑陋、品行不端、对祥子悲剧负有不可推卸责任的人物出现的.本文从人性和伦理的角度分析,认为虎妞在祥子的悲剧中不应负有过多的责任,事实上她也是一个受害者.而且她还有一些属于她自己的品质精明强干,谙于算计,泼辣直率.     

There be句型在机器翻译软件中的对比研究

机器翻译虽已取得了很大进展,但仍主要停留在查词功能上,其译文可读性不强,准确性不够。以英语特殊句型Therebe为切入点,着重探讨英汉机器翻译中特殊句型的对应与不对应的调整问题,并以五种英汉全文机器翻译软件作为测试对象,就可以分析发现机器翻译软件在Therebe句型英汉翻译过程中的两点不足:一方面,将there译成地点状语“那里”;另一方面,翻译时不能对地点状语或时间状语进行位置调整,只能机械地逐词顺译。     

主审法官负责制的实现条件及当前应解决的问题

主审法官负责制是人民法院为实现司法公正解决司法独立问题所进行的内部结构性改革,在推行时须注意五大实现条件和解决好当前存在的三大问题。在实现条件上,要求主审法官有较高的业务素质和良好的政治道德素质,为此,应搞好法官的选任工作,在此基础上,建立完善的法官任职保障、物质保障制度和落实主审法官职务上的权利和义务。而须解决的三大问题是,当前应对现有法官队伍进行选拔淘汰并合理分流,对已任或新任法官加强培养工作,增强其业务技能,对行政化的审判业务运作机制应予以消除,实现主审法官独立办案。     

Analyzing mental health evaluation: moral and ethical dimensions

Now that evaluators have been sensitized to the importance of moral and ethical issues in their work, it is time to move beyond generalities and examine the moral and ethical implications of specific evaluation models in specific settings. This paper proposes a framework that can be used to examine moral and ethical dimensions of evaluation and illustrates it by analyzing a selected model of mental health evaluation. Such a systematic identification of moral issues can improve evaluation practice both proactively, by shaping the training of evaluators, and retrospectively, by contributing to meta-evaluation.     

Correlates of honor ratings in a clinical clerkship employing a faculty forum evaluation system

5he purpose of this study was to determine whether or not suspected variables affected a surgery clerk's chances of being awarded an honor rating. Findings indicated a significant relationship between a student receiving an honor rating and his or her preceptor's predetermined level of student advocacy, the number of completed patient interview and physical examination write-ups, and final examination scores. There was no significant relationship found between honor ratings and the preceptor's status, the sequence in which the student was discussed or the length of time spent discussing the student at the final evaluation meeting, or the number of clinical faculty present at the meeting. These results lend support to the faculty forum evaluation approach, but suggest a need for further scrutiny of some influencing variables to ensure all students are fairly considered and honor ratings judiciously awarded.     

Physician perceptions of medical malpractice and defensive medicine

Using judgments obtained in interviews with 33 Massachusetts physicians, the annual statewide volume of expenditures incurred for defensive medical reasons in 1982 was estimated to be $1.0 billion, 12% of all medical care expenditures. Estimates for the nation were $37 billion, 14% of expenditures. Nationally, 180,000 cesarean deliveries were thought to be performed for defensive motives. In their own institutions, respondents judged 43% of all skull x-rays following injury to be medically justified, 30% to be defensive medicine, 16% to be placebos, and 11% to be physician misjudgments. In considering the economic and noneconomic costs of medical malpractice procedures, the dollar costs of insurance were considered most serious, followed closely by defensive medicine, unfairness, and poorer relations with patients. Thirty-two percent of the responsibility for the negative aspects of malpractice processes was assigned to lawyers, 21% to physicians, 18% to legislatures and courts, 16% to patients, and 13% to insurance companies.     

Intergenerational and career mobility in Britain: An integrated analysis

Mobility analysis has traditionally concentrated on the task of charting flows in the two-way contingency table which relates occupational origin to occupational destination. It has not yet undertaken a unified analysis of intergenerational and intragenerational aspects of mobility. And only rarely does it incorporate terms which represent ordered concepts such as inequality or vertical movement. In contrast, path analysis has typically imposed strong orderings on the data, and it has been employed to tease out the relations among several occupational variables. Its main defect is that it entirely abstracts from shifts in mean occupational position, and also from change in the shape of the occupational distribution. Yet both of these are important sources of mobility. The present paper shows how two innovations in mobility analysis may be generalized to constitute a technique which unites the strengths of path analysis with those of log-linear analysis. The two innovations are (a) the conceptual disaggregation of perfect and exchange mobility, and (b) the imposition of an ordered component within each (K. Hope, 1981, Sociology 15, 19–55). The outcome of this generalization is a simple yet powerful account of mobility in Britain.     

The impact of P.L. 93-641, the National Health Planning and Resources Development Act, upon health and mental health programming

Federal legislation regarding health care in the U.S. has increased rapidly in the past few years. A major law with potential far-reaching effects was enacted as a result of increasing legislation and rising health care costs. This law,The National Health Planning and Resources Development Act,has created a network of over 200 local, mostly nongovernment units, called health systems agencies. These agencies are responsible for areawide health planning, plan implementation, review and approval of federal health care expenditures for local programs, and facilities review. They will affect health and mental health programs at the local level. The article is directed to local health and mental health care providers who will, of necessity, deal directly with the local HSA's.