我国反家庭暴力的立法研究

家庭暴力破坏家庭的和谐与稳定,已经成为社会的公害。从分析家庭暴力的概念和成因入手,通过对中国立法现状和外国立法经验的总结,从立法、司法层面提出了构建我国未来的家庭暴力防治法的建议。     

关于我国反家庭暴力立法的建议

“李阳家暴”事件再次让家庭暴力成为大众讨论的热点,从法律的角度如何更好地解决家庭暴力问题,学术界已经有多年的研究探索.我国的《反家庭暴力法》立法已处于研究论证阶段,本文将从现行法律难以解决家庭暴力的原因分析入手,探讨家庭暴力的救济措施,提出关于家庭暴力立法的建议.     

英国反家庭暴力的立法、实践及其启示

英国反家庭暴力立法及司法制度在防控家庭暴力违法犯罪方面起着重要作用。我们应当借鉴英国有关惩治家庭暴力的法律改革与实践经验,尽快制定我国的《家庭暴力防治法》及具体实施办法,建立完备的社会支持系统,推进适合中国国情的反家庭暴力法律机制的改革与完善。     

我国家庭暴力受害人的司法保护

像世界上许多国家一样，家庭暴力在我国也是一个颇为严重的社会问题。１９９０年，全国妇联和国家统计局在全国２１个省进行了“中国妇女社会地位的调查”，结果表明，在许多家庭里存在暴力现象：有０．９％的女性经常挨丈夫打，８．２％的女性有时挨丈夫打。１９９４年，北京市婚姻家庭研究会进行的婚姻质量调查中，丈夫打妻子的占２１．３％；１９９６年，上海社科院进行的《世纪之交中国人的爱情和婚姻》调查中，爱打人的丈夫占１９．９％。全国妇联２００２年的一项调查发现，约３０％的家庭中存在不同程度的暴力。其中９０％的施暴人是…     

浅析家庭暴力中妇女权益的保护

2001年新婚姻法出台,增加了关于家庭暴力的禁止性规定,从此家庭暴力从过去被人们认为的家事走向社会干预层面,显示了社会的一大进步。但近年来,我国家庭暴力现象却依然逐年增多,且由隐蔽型向社会公开型的转变速度令人震惊。近日来,疯狂英语创始人李阳的家庭暴力案,更是引发了公众的广大关注和讨论。如何从我国实际情况出发,寻求制止、遏制针对妇女的家庭暴力现象的对策已是刻不容缓。     

防治家庭暴力法律的主要问题及其对策研究

家庭暴力侵害着妇女的身心健康、使家庭关系破裂、破坏社会和谐,引起了社会大众的广泛关注。但我国尚未出台《反家庭暴力法》,现有法律规范的不健全客观上放纵和助长了家庭暴力案件的发生,家庭暴力受害人得不到有效的法律救济,合法权益难以保障。本文通过分析法律规范在防治家庭暴力中出现的主要问题,并就反家庭暴力法律制度当中存在的问题提出建议。     

英国反家庭暴力的立法与治理

家庭暴力是一种残忍、隐蔽而复杂的罪行,会给受害者带来身体和心理双重伤害,尤其会对少年儿童造成毁灭性影响。无论年龄、性别、性取向、种族或宗教信仰如何,任何人都可能受到家庭暴力的影响。英国政府致力于建立一个对家暴“零容忍”的社会,通过完善法律制度、设立法定机构、扶持社会组织、培训专业人士、加大宣传活动力度等多种方式帮助家暴受害者摆脱困境。     

家庭暴力的法律救济体系探讨

本文从家庭暴力的界定、我国家庭暴力现状及原因、反对家庭暴力的法律工作中存在的问题、国外的立法实践和我国的家庭暴力法律救济体系如何完善这几个方面进行阐述.     

家庭暴力的成因及对策

家庭暴力行为早已入罪,但由于立法不完善、执法不严格,传统观念制约等因素的影响,使家庭暴力行为未受到有效遏制,致使在现实生活中,家庭暴力事件频发,已经成为影响妇女儿童身心健康乃至生活安全的重要因素。因此,研究对策,开展司法救济刻不容缓。     

论我国反家庭暴力立法的完善

家庭暴力的发生不仅给受害者造成难以恢复的伤害,也给受害者的家庭、社会的稳定造成了极大危害.本文立足于当前我国家庭暴力的立法现状,剖析其导致的根源和反家庭暴力立法的理论和现实基础,进而总结我国反家庭暴力立法的工作和努力,提出现存问题,并对完善的相关工作提出具体建议.     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.     

A Comparison of Civil and Criminal Orders of Protection as Remedies for Domestic Violence Victims in a Midwestern County

Past research has identified many potential advantages of civil protection orders as a means of addressing domestic violence without invoking an official response of the criminal justice system. Using data from a Midwestern county, this exploratory study provides a comparison of civil protection orders with orders of protection that are filed in conjunction with a criminal battering arrest. We examine the demographic characteristics of the respondents/defendants and petitioners/victims, the nature of the abuse leading up to the filing of the protection order, the reasons for filing, the terms of the order, location of the offense, and violations of orders. Our findings reveal many similarities between types of orders, in terms of order stipulations, past abuse histories of petitioners/victims, and respondents/defendants’ likelihood of reoffending. The findings also reveal an important difference in the petitioners’ and victims’ reasons for filing; whereas petitioners in civil cases were more likely to identify emotional abuse as the factor leading up to issuance of the order, victims in criminal cases were more likely to document physical abuse. We discuss these findings in the context of victim preference.     

The Distinctive Characteristics and Needs of Domestic Violence Victims in a Native American Community

The objectives of the research described in this paper were to describe specific features of Native American domestic violence (DV), and identify the needs and barriers to service delivery for American Indians experiencing DV. Qualitative methods of data collection were used in this research. The results suggest that DV in Native American communities may be distinct in a number of ways. The cause of Native American DV may be anchored in historic trauma, poverty, alcohol and drugs, and rural isolation. Cultural and economic features of Native American DV are discussed. The complexity of DV in the Native American community, its association with a number of co-morbid problems, suggests a multi-modal intervention approach and collaboration among a variety of professionals.     

Domestic Violence Victims Support Mandatory Reporting: For Others

Five states now have mandatory reporting laws when a victim of domestic violence is identified in a clinical setting, and many other states are considering such legislation. Advocates for battered women have frequently warned that abused women may not wish mandatory reporting laws. Published data derived from the opinions, wishes, and beliefs of women victims of domestic violence have been noticeably lacking. This study presents a preliminary study of 45 abused women. Results indicate that women victims overwhelmingly support mandatory reporting laws. In an apparent paradox, however, they were much less certain that mandatory reporting would have been helpful to them in their specific case.     

Incidence and Correlates of Posttraumatic Stress Disorder in Australian Victims of Domestic Violence

In recent years, evidence has emerged of the significant incidence of posttraumatic stress disorder (PTSD) among victims of domestic violence. The present study examined incidence and correlates of PTSD in 100 female victims of domestic violence resident in women's shelters in Adelaide, South Australia. Forty-five women were found to meet all diagnostic criteria for PTSD. Women meeting PTSD diagnostic criteria reported having experienced higher levels of violence and were more likely to report having a spouse with an alcohol problem and having believed they would be killed by their spouse than women who did not meet criteria. Diagnosis of PTSD was also associated with higher levels of anxiety and depression.     

Domestic Violence Service Users: A Comparison of Older and Younger Women Victims

No one, young or old, is immune to interpersonal violence (IPV). Female victims come from a variety of circumstances and across all ages. However, much of the research and services have focused almost exclusively on younger women. This article compares women 65 and older to women under 65, who utilized domestic violence (DV) services in a mid-western state over a five-year period. Although there are many similarities in the findings, differences include that older victims were more likely to be White, report more emotional and less physical abuse, be referred to services by a legal source, have special needs or disabilities, and receive fewer services, less service hours and fewer contacts than younger victims utilizing DV services. Implications for research and practice are discussed.

Reconsidering Domestic Violence Recidivism: Conditioned Effects of Legal Controls by Individual and Aggregate Levels of Stake in Conformity

Social scientists examining whether stake in conformity conditions the deterrent effect of arrest for domestic violence recidivism have applied criminological theory to an important criminal justice issue. We extend this research with a discussion and multi-level analysis of the possible interplay between court dispositions and (a) an offender's stake in conformity, and (b) the proportion of higher stake residents in an offender's census tract of residence. The prevalence of re-arrest for intimate assault (misdemeanor and felony) is examined for 3110 suspects of misdemeanor intimate assault in Cincinnati. Findings reveal a significant main effect involving higher re-arrest likelihoods for arrested suspects with no formal charges filed against them. Results for the conditioned effects of court dispositions reveal significantly lower re-arrest likelihoods for higher stake offenders undergoing a counseling program (a predicted relationship), and significantly lower re-arrest likelihoods for lower stake offenders serving probation and/or jail (opposite to the predicted relationship). At the neighborhood-level, sentences of probation and/or jail correspond with significantly lower re-arrest likelihoods for offenders living in neighborhoods with more residentially stable populations (as predicted). We discuss the implications of our study for future research.     

Domestic Violence Abusers: A Descriptive Study of the Characteristics of Defenders in Protection from Abuse Orders in Sedgwick County,Kansas

Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males, average age of 33 with extensive past criminal arrest histories.     

Assessing the Risk of Domestic Violence Reoffending: A Validation Study

Little research has been conducted to validate available instruments for assessing the risk of domestic violence reoffending, especially research using some form of prospective design. This study uses a prospective design to determine the reliability and validity of the Domestic Violence Screening Instrument (DVSI). The analysis is based on a sample of 1,465 male domestic violence offenders selected consecutively over a 9-month period. Data on reoffending were collected in a 6-month follow-up period from a subsample of the victims (N = 125) of these perpetrators and from official records for all perpetrators during an 18-month follow-up period. The empirical results suggest that the DVSI was administered reliably, and they provide significant evidence of the concurrent, discriminant, and predictive validity of this instrument. Implications for further research and utilization of the DVSI are discussed.     

Protective Orders and Domestic Violence: Risk Factors for Re-Abuse

One of the few legal tools for protecting victims of domestic violence is the civil Protection Order (PO). How effective they were in preventing re-abuse was analyzed by examining court and police records from 210 couples in which female victims (or applicants) filed POs against their violent partners. Police records for 2 years prior and two years following the issuance of a PO were reviewed. Results indicated a significant decline in the probability of abuse following a PO. Prior to filing a PO, 68% of the women reported physical violence. After filing, only 23% reported physical violence. Several risk factors were assessed and it was found that very low SES women were more likely to report re-abuse as were African-Americans.