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51.
论"知情同意"的若干法律问题 总被引：1，自引：0，他引：1
知情同意义务是一种特殊的同意义务.医疗机构和医务人员进行医疗行为时要对患者进行充分的告知并取得患者的同意,以保障患者自我决定权的实现.基于对惠者自主权的尊重,医师在实施医疗干预措施前必须向患者尽充分的披露义务,向患者披露作为一位理性的患者意欲了解的对患者的医疗决定具有实质性影响的风险和信息,除非存在紧急情形、医疗特权和权利放弃的例外情形.建议我国应该通过立法尽快弥补关于知情同意的条件及其例外的处理、医疗信息的披露内容及尺度等方面规定的缺失. 相似文献
52.
吴家骥 《玉溪师范学院学报》2003,19(2):12-14
“三个代表”价值取向从表象上去理解 ,是紧跟时代文明发展的步伐 ,直接回答“建设一个什么样的党、怎样建设党”这一党建的基本问题。从实质上看是站在更高更广阔的视野下对捍卫党的先进性和发挥社会主义优越性的深刻思考 ,具体说就是在新世纪怎样建设中国特色社会主义 ,实现社会主义价值的庄严承诺。 相似文献
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In this article we present an empirical study aimed at better understanding the potential for harm when conducting research in chatrooms. For this study, we entered IRC chatrooms on the ICQ network and posted one of three messages to tell participants that we were recording them: a recording message, an opt-in message, or an opt-out message. In the fourth condition, we entered the chatroom but did not post a message. We recorded and analyzed how subjects responded to being studied. Results of a regression analysis indicate significantly more hostility in the three conditions where we said something than in the control condition. We were kicked out of 63.3% of the chatrooms we entered in the three message conditions compared with 29% of the chatrooms in the control condition. There were no significant differences between any of these three conditions. Notably, when given a chance to opt in, only 4 of 766 potential subjects chose to do so. Results also indicate significant effects for both size and the number of moderators. For every 13 additional people in a chatroom, the likelihood getting kicked out was cut in half. While legal and ethical concerns are distinct, we conclude by arguing that studying chatrooms constitutes human subjects research under U.S. law, but that a waiver of consent is appropriate in most cases as obtaining consent is impracticable. 相似文献
54.
王宇环 《华中科技大学学报(社会科学版)》2015,(2):58-63,77
自西方启蒙时期开始,政治理论家们便将同意作为政治合法性的基础,从古典社会契约论者霍布斯、洛克、卢梭的理论中,我们可以清晰地看到在前国家的自然状态中,人们是通过同意授权统治者,赋予其进行统治的权利,使其对政治权力的行使具有了合法性。但是同意理论本身也面临着一系列难题,譬如洛克《政府论》中的默认同意难题;再如在当代社会,面对大而复杂的共同体,古典社会契约论中的同意虽然在证成国家建立的合法性中具有吸引力,但是难以满足对于后续国家政治合法性的实际论证,于是发展出崭新的同意概念,即将民主程序中的投票或参与等同于同意。本文要论证的就是这些新的尝试都是不成功的,政治合法性的来源最终从同意转向了公共理由。 相似文献
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56.
Maintaining the anonymity of cadavers in medical education: Historic relic or educational and ethical necessity? 
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下载免费PDF全文 Throughout the modern history of anatomical dissection by medical and other health science students, cadavers have been anonymized. This has meant that students have been provided with limited, if any, information on the identities or medical histories of those they are dissecting. While there was little way around this when the bodies were unclaimed, this need not be the case when the bodies have been donated. However, with a few exceptions, no efforts have been made to change this model. Recent attempts to move anatomy teaching in a more humanistic direction, by emphasizing the cadaver as the students' first patient and with the growth of commemoration services following the dissecting process, raise the question of whether cadavers should continue to be anonymized. In laying a basis for discussion of this matter, we outline what appear to be the virtues of anonymity, and the form that alternatives to anonymity might take. The options identified are nonidentification, low information; nonidentification, moderate information; and identification, full information. The virtues and drawbacks of each of these possibilities are assessed by analyzing their value for students, and also for donors and their families. Policy issues raised by alternatives are also considered. This article provides a basis for continued discussion and suggestions for further research in this area. Anat Sci Educ 10: 87–97. © 2016 American Association of Anatomists. 相似文献
57.
Kate Lockwood Harris 《Journal of Applied Communication Research》2018,46(2):155-178
For decades, feminists have intervened in a sexually violent culture. Many public health professionals, educators, and activists who design these interventions have called for complex conceptualizations of communication, yet communication studies scholars have not written extensively on consent. Moreover, researchers outside the field rarely rely on insights from the discipline. Accordingly, I offer a critical review of consent activism and research, and I highlight disciplinary assumptions that could enhance existing knowledge. I argue that many feminist academic/activist interventions use false ideas about communication, what I call communication myths: discourse merely reflects reality, and local discourse is disconnected from larger social Discourse. I show how these communication myths resonate with rape-supportive arguments. By suggesting communication should be unambiguous during consent, anti-violence educators/activists lower the standard for communicative competence, disconnect it from historical-cultural context, and miss opportunities to politicize consent. I argue feminists can challenge communication myths to build on existing interventions while more fully dismantling rape culture. 相似文献
58.
Catherine M. Hennessy Danielle F. Royer Amanda J. Meyer Claire F. Smith 《Anatomical sciences education》2020,13(4):527-539
Social Media has changed the way that individuals interact with each other - it has brought considerable benefits, yet also some challenges. Social media in anatomy has enabled anatomists all over the world to engage, interact and form new collaborations that otherwise would not have been possible. In a relatively small discipline where individuals may be working as the only anatomist in an institution, having such a virtual community can be important. Social media is also being used as a means for anatomists to communicate with the current generation of students as well as members of the public. Posting appropriate content is one of the challenges raised by social media use in anatomy. Human cadaveric material is frequently shared on social media and there is divided opinion among anatomists on whether or not such content is appropriate. This article explores the uses and challenges of social media use in the field of anatomy and outlines guidelines on how social media can be used by anatomists globally, while maintaining professional and ethical standards. Creating global guidelines has shown to be difficult due to the differences in international law for the use of human tissue and also the irregularities in acquiring informed consent for capturing and sharing cadaveric images. These nuances may explain why cadaveric images are frequently shared on social media. This article proposes that as standard practice, anatomists obtain informed consent from donors before sharing images of cadaveric material on social media and ensure posts include a statement stating the same. 相似文献
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徐伟康 《武汉体育学院学报》2021,54(12):40
“同意”原则是个人数据处理的基本规则,体现在各国数据保护立法和国际性文件中,也被国际体育组织所遵循,背后体现数据自决而非他决的理念。但是运动员特殊的身份属性导致其难以控制和支配个人数据,在与体育组织博弈中的非平等协商地位也导致其难以就数据处理作出自由有效的同意,同时“同意”原则一定程度上也阻碍体育大数据等新兴产业的发展。运动员的数据保护需要突破传统“同意”模式,构建数据处理中“同意”原则的否弃机制,引入平衡测试和数据访问权、被遗忘权,使数据处理者的行为规范更具合理性。 相似文献
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Marc Beardsley Judit Martínez Moreno Milica Vujovic Patricia Santos Davinia Hernández-Leo 《British journal of educational technology : journal of the Council for Educational Technology》2020,51(5):1631-1652
Advances in the field of multimodal learning analytics (MMLA) research is often accomplished by actively exploring new technologies and techniques related to the collection and analysis of data. Exploration of ethical principles and procedures for governing the use of new technologies and techniques, however, is not as readily pursued. As collected data grow in complexity and invasiveness, potentially, a growing need is arising to scrutinize ethical aspects of MMLA research. In our study, we introduce an informed consent comprehension test for educational technology research and assess the effects of enhancing MMLA consent forms on comprehension of informed consent and on rates of enrollment in a MMLA study. One form is written from a researcher perspective and the other from a participant perspective. Results of the study involving first-year undergraduate students suggest that the overall level of comprehension did not differ between conditions. Yet, the participant-oriented consent form resulted in significantly lower rates of enrollment. Implications for MMLA researchers are discussed. 相似文献