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.

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.

The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law

The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.

Analysis on Causes of Rural Land Expropriation Disputes Based on Smith's Model

Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.

＂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.

Foreign-Related Tax Policy and Regime and Its Tendency of Development

China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralCommittee of the Chinese Communist Party, to meet the demands of thenew situation of opening to the outside world, several laws were promul-

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.

CHINA'S FOREIGN-RELATED ARBITRATION

Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

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.

Institute of International Disputes Prevention and Settlement Unveiled

The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held.The two sides signed an agreement on jointly constructing the IIDPS,unveiled the plaque of the IIDPS,and issued certificates of appointment to Chinese experts from the IIDPS Expert Advisory Committee.

Reconciliation of Overseas Economic and Trade Disputes in China

In case a dispute arises during economicand trade activities or invested enterprisesin China,reconciliation is one way toresolve problems,in addition to arbitrationand law suit. Reconciliation has the advantage ofbeing easy,time-,energy- and money-conserving and harmony preserving,andreconciliation through mutual understandingand mutual compromise can be reached onthe basis of respecting the opinions of

Exploring Paths for Substantive Settlement of Administrative Disputes:An Empirical Analysis Based on Practice in Weiyuan County,Sichuan Province

As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.

Arbitration in Maritime Disputes

Prevailing maritime relations in the present era resort to arbitration to resolve arising disputes where parties of these relations should agree on the solution to the current or future conflicts arising from them to a specialist arbitrators of their choice known for their competence and experience in the maritime field to adjudicate the provisions of the arbitration binding. Maritime arbitration grew since the time of the Romans, and spread to the Middle Ages as a simple, flexible and specialized system to resolve maritime disputes, but it gained popularity in the present era as a result of booming international trade and commerce between different countries where this trade found that shipping is the best way among different means of transportation for its low costs and the large volume of cargo transported by it. Marine disputes submitted for arbitration are many and varied, some of which comes from the contract between the stakeholders and others arising from maritime accidents, and examples of the first group is the shipbuilding, repair, sold, leased and insured contracts, the transport of goods or people contracts, marine sales contracts as well as the diameter of maritime contracts. The second group is maritime collision, Assistance and Rescue and the settlement of joint naval losses. London and New York are considered of the most cities in the world that embrace this type of arbitration followed by Paris and Tokyo. In London alone there are more than four hundred nautical arbitration rulings in each year.

FOREIGN-RELATED LEGISLATION AND

Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in regulating foreign-related issues?Here’s a rundown.

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.

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.

MAJOR FOREIGN-RELATED ADMINISTRATIVE AND SERVICE ORGANIZAIONS IN HEBEI PROVINCE

1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTel:7042603 7042605 7092417Fax:(86)311-7042602

How Can Commodity Quality Be Ensured and Relevant Disputes Be Settled?

China,the big factory offering various commodities to companies and individuals all over the world,is attracting more and more merchants purchasing goods in various ways,through agents,on site,via modern communication,etc.One essential concern of these merchants is the quality of these commodities.How can the commodity quality be ensured?If there are