Analysis and improving countermeasures of medical disputes from the perspective of legal changes

Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement.In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’responsibility,and later intensive legislation in balancing increasing"medical trouble"phenomenon with limited effects and difficulties to abide by the law,this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience,to reduce investigation of doctors at the judicial level,and to establish a settlement mechanism on doctors’apology at the legislative level,so as to promote a healthy development of doctor-patient relationship.

Disputes are Normal,Arbitration is the Solution

At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interactions between countries are facing greater challenges.The theme of the second parallel forum of the Global Business and Law Conference 2024 is"Dispute Resolution and Global Economic Win-win",which not only offers a profound insight into the current international economic development needs,but also represents strategic thinking on the future global winwin situation.

China’s alfalfa market and imports: Development, trends, and potential impacts of the U.S.-China trade dispute and retaliations

This study examines the development and trends of China’s alfalfa market and imports, identifies key factors for the rapid increase in China’s alfalfa imports, and discusses potential impacts of the U.S.-China trade dispute and retaliations on the alfalfa markets and trade in both nations. China’s rapid transition toward larger-scale commercial dairy production, with enhanced feed and cost management as well as quality and safety control, and its limited resources for high-quality alfalfa production are key factors for the dramatic increase in its alfalfa imports, from 19 601 metric tons in 2008 to 1.38 million metric tons(mmt) in 2018. While the United States dominated China’s alfalfa imports with an average share of 97.01% from 2007 to 2017, the share dropped to 83.76% in 2018 and 63.28% in January 2019 due to the trade dispute and retaliations started in 2018. China will likely remain a large importer of alfalfa because of both its growing demand and the comparative advantages of imported alfalfa in quality and price, but the imports from the United States will be highly affected by the ongoing trade dispute and negotiations. China is also expected to make more efforts to reduce its dependence on U.S. alfalfa through increased investment in domestic alfalfa production and identification of alternative sources of alfalfa and other hay imports.

＂Institutionalization＂ as Weapons of the Weak： ASEAN Countries and the South China Sea Disputes

＂Institutionalization＂ can be understood as a process of norm and law setting to regulate and control individual attitudes. An institutionalized area could be more stable and ordered, then the relationships between the factors can be identified by the predicted signals. Institutions can help to provide a key form of such frameworks, through which all states, but especially the stronger states, can use rules and other normative expectations of conduct in the international relation. Weaker states, in return, gain limits on the action of the leading states and access to the political process, in which they can press their interests. This article analyzes the disputes in the South China Sea~, particularly between China and ASEAN countries to prove the argument. It is argued that ASEAN, in the situation of power asymmetry between dominant （power-holders） and dominated groups, has used ＂institution＂ and ＂institutionalization＂ as a countermeasure to constrain the powerful China in the two ways： （1） trying to lock-in China in a rule-based order, in order to restrict its power, and （2） by institutionalizing the way in which the disputes in the South China Sea should be resolved, ASEAN countries want to create a frameworks for setting rules of games, which are shaped by principles and norms instead of balance-of-power.

Priority Disputes in Science in the Context of Conflicting Norms：The Case of Isaac Newton and Gottfried Leibniz Revisited

Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and oxygen did not focus sharply on the priority disputes involved, it is within such contexts that controversy about which scientist was the first to make a discovery takes place. Evidently, Kuhn＇s recourse to historical case studies is a clear departure from the standpoint of traditional mainstream philosophies of science （namely, logical positivism and falsificationism）, which cavalierly dismissed such concerns as irrelevant to philosophical reconstructions of science Challenges to orthodox logistic approaches were prompted by the realisation that the two dominant traditions mentioned above, in their excessive preoccupation with ＂the logical skeleton of science＂, have lost contact with real science. As a contribution to what Michael Polanyi referred to as post-critical philosophy, the present study reanalyses the tension-generating potentials of bipolar values shared by members of scientific communities. It traces the origins of the rebellion against logic-dominated philosophies of science, and identifies different post-positivist approaches that have eme^rged over the years which legitimise broadening the frontiers of the philosophy of science. Consequent upon that, some conflicting values or norms shared by members of scientific communities and how they affect the quest for scientific knowledge are underscored. Using as a case study the acrimonious priority dispute between Isaac Newton and Gottfried Leibniz concerning the discovery of calculus, the paper demonstrates that excessive concern for recognition which sometimes leads to protracted priority disputes tends to bring out the worst kind of behaviours towards colleagues even from the greatest scientists. We submit, by way of conclusion, that despite the heroic （almost god-like） reputation of such scientists, they are human and, therefore, subject to the vicissitudes of emotional turbulence just like everyone else.

Minority Protection in Proceedings for the Settlement of Disputes Between Shareholders

“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU （European Union）, to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company＇s dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective： protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.

On the Benefits and Burdens of the Notion of＂Standpoint＂

Despite the widespread endorsing of multiculturalism, the progress of enquiry into it and multicultural education have been impeded by a suspicion of cultural relativism and intellectual insularity. This paper reveals that such a suspicion is spurious by paying special attention to the notion of＂standpoint＂ which has a relative but substantial effect. The proper recognition of this point highlights the sense in which the insights drawn from multiculturalism and their educational embodiments are crucial for the future of humanity as a whole, which is far beyond the enduring controversy about universality and particularity.

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.

A Study Into the Causes of the Dispute in China＇s Rural Areas

The process of urbanization and industrialization in China, has been instrumental in depriving villagers of land and their way of life. This has led to a series of conflicts between government and villagers over the land. This issue has become the core of the conflict. The present from-top-to-bottom rural planning does not meet villagers＇ needs. Within the rural area, there are close social and organizational relationships, the villagers strongly demand autonomy. This has led to conflict between the state and villagers rights of autonomy. The conflict is ongoing, it has never stopped. For the purpose of this paper, the rural area of Zhejiang Province was investigated. The method of the empirical study was employed in order to comprehensively analyze the developmental stage of urban-rural relations, planning systems, the conflict process, and difficulties in the process of urbanization. The study discovered that the conflict was led by different value orientations between the two stakeholders--the government and the villagers. This resulted in a series of conflicts over land and natural resources and added to the breakdown of relationships on both sides, this was an external manifestation of value orientation on both sides. In conclusion, the paper recommends conflict resolution proposals and measures to be employed at every stage of urbanization.

Research of Chinese law not defining the ownership of Natural Resources --Explore recent Chinese ＂ebony＂ ownership disputes Case

Recently, the domestic natural resources ownership dispute with gloomy wood （ebony） as the representative is one after another. With China＇ s urbanization process and development of economic construction, one can imagine that such disputes may be intensified. Chinese law has not been clearly defined How to solve the dispute over the ownership of natural resources, which become difficult problems of China＇ s current judicial practice. Doctrinal, we can cut from typical cases of ebony ownership disputes, combined with the relevant provisions of civil law, property law, land law, etc., to build ＂ do the right ＂ mechanism of Chinese law＇ s not defining the categories of natural resources to provide guidelines and referees for judicial practice and similar mystery.

Thinking on the Outlet of the Disputes in Northeast Asian Seas： A perspective of International System Evolution

Russia-Japan and China-Japan Island Disputes have gradually garnered attention as the top hot spot in Northeast Asia. The Japanese government＇s claim of＂nationalization＂ of Diaoyu Island is worsening the tensions in China and Japan＇s economic and trade cooperation, the exchange of personnel and politics and military fields. Approaching the issue from the perspective of the international system evolution can provide us a new way of solving the problem. Because of the unsettlement of the new intemational system, shelving disputes is the most feasible approach.

Small Claims Court in Environmental Disputes Resolution to Support the Realization of Sustainable Development

An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.

A Securitization-Perspective Analysis of Water Disputes in the Jordan River Basin

Severe water shortage and uneven water distribution plague countries in the Middle East, especially the Jordan River Basin. As a strategic resource with competitive political nature, water resources are closely related to national security, and become the core resource arena that countries along the river basin compete for. This study argues that under the combined effect of the natural factors of water shortage, the geographical factors of uneven distribution of rivers across boundaries, and the subjective factors of water politics (the unfair setting of rules for water allocation), water disputes in the Middle East have become obstacles to regional peace, and the serious uneven distribution of water is the root cause of regional water disputes. Neither the historical water conflicts nor the existing water cooperation framework has solved the problem of balanced water distribution, which makes the people in basin countries directly face the crisis of survival rights and national security, and lays the fuse for the outbreak of regional water disputes and even future water wars. This study proposes the concept and analytical framework of “water securitization” based on securitization theory, and applies it to the Jordan River Basin, to analyze the reasons for the uneven distribution of water resources in the Middle East. The power-dominant state with asymmetric power in the river basin obtains the status of water hegemony by securitizing water, realizing the self-interested distribution of water resources, whichleads to the uneven distribution of water resources, and ultimately leads to the outbreak of conflicts and disputes. Specifically, it mainly adopts three mechanisms of discursive securitization, operational securitization, and institutional securitization. Looking to the future, it is difficult to successfully resolve water disputes in the Middle East in the short term, and a “de-securitization” approach is particularly important in resolving water disputes and easing regional security tension. Only by adopting a multi-field joint strategy can it provide the possibility to effectively resolve water disputes in the Jordan River Basin.

The Dispute over Domestication and Foreignization in China

Foreignization and domestication as two major translation techniques have long been the focus of the debate in translation circles.The paper reviews the history of the dispute by introducing some essays on domestication and foreignization published in key translation journals in China.The ultimate aim of this dissertation is to propose that domestication and foreignization co-exist and a good translation contains both strategies.So it is unnecessary to argue which one is better.As the number of the example in this paper is limited,its credibility needs further investigation and research.

Radiometric Dating of Ignimbrite from Inner Mongolia Provides no Indication of a Post-Middle Jurassic Age for the Daohugou Beds

Lacustrine deposits exposed at Daohugou, Inner Mongolia, China, have yielded superbly preserved vertebrate fossils. The fossil beds were first misinterpreted as of Early Cretaceous age, based on alleged occurrences of key fossils of the Jehol Biota. Compelling evidence revealed by more rigorous research involving regional biostratigraphy, radiometric dating, and paleontology supports the Middle Jurassic age of the fossil beds. Despite the awesome evidence for the Middle Jurassic age of the Daohugou beds, the age dispute has been resurrected recently by invoking an overturned stratigraphic sequence. A careful review of the data, however, found no evidence that this sequence has been overturned. In addition, many of the assumptions, on which the conjecture of the fossil beds being post- Middle Jurassic is imprudently based, are self-contradictory or otherwise misleading. Thus, the post- Middle Jurassic age of the Daohugou beds as an unfounded conclusion can readily be dismissed.

Emotional differences based on comments on doctor-patient disputes with varying levels of severity

BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comments on doctor-patient relationship risk events reflects the degree to which the public pays attention to such events.Thirty incidents of doctor-patient disputes were collected from Weibo and TikTok,and 3655 related comments were extracted.The number of comment sentiment words was extracted,and the comment sentiment value was calculated.The Kruskal-Wallis H test was used to compare differences between each variable group at different levels of incidence.Spearman’s correlation analysis was used to examine associations between variables.Regression analysis was used to explore factors influencing scores of comments on incidents.RESULTS The study results showed that public comments on media reports of doctor-patient disputes at all levels are mainly dominated by“good”and“disgust”emotional states.There was a significant difference in the comment scores and the number of partial emotion words between comments on varying levels of severity of doctor-patient disputes.The comment score was positively correlated with the number of emotion words related to positive,good,and happy)and negatively correlated with the number of emotion words related to negative,anger,disgust,fear,and sadness.CONCLUSION The number of emotion words related to negative,anger,disgust,fear,and sadness directly influences comment scores,and the severity of the incident level indirectly influences comment scores.

Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation

Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.