家庭暴力的危害、形成原因和防治办法

家庭是社会最小的细胞,家庭暴力直接影响到社会的安定团结.本文在分析产生家庭暴力原因的基础上,阐述了家庭暴力对家庭乃至社会产生的负面影响,提出了防治家庭暴力一方面要不断提高人们的自身素质,另一方面必须依靠法治.     

惩防家庭暴力建构和谐家庭——多维视角下的家庭暴力问题

家庭是社会的细胞,在构建社会主义和谐社会的历史背景下,认真反思并全面破解家庭暴力问题,其理论意义和现实意义均格外重大。文章从经济、社会、文化、历史、法律等角度对家庭暴力问题作出了解读,希冀全面准确地揭示家庭暴力的内涵、根源与防治对策。     

试析家庭暴力对青少年犯罪的影响

家庭是构成社会的基本单位,良好的家庭关系,不仅关乎每个家庭成员一生是幸福,也关系到整个社会的和谐。关于反家庭暴力的法律以及对家庭暴力的实践研究日益受到人们的关注。那些长期生活在暴力的家庭氛围中,得不到父母关爱的青少年,由于情感无法被满足,会形成有缺陷的人格,对周围的人和事怀有不信任和敌意,这将促使未成年人形成反社会人格。本文从心理学的角度来分析家庭暴力对青少年犯罪的影响,从生态学视角、压力释放理论和社会学习理论视野进行深入,全面的剖析,旨在减少社会家庭暴力,为防止青少年犯罪提供有效的对策。     

我国农村家庭暴力调查研究——以对农村妇女的家庭暴力为主要分析对象

通过对农村家庭暴力的问卷调查,发现在我国一些农村地区家庭暴力仍较为普遍地存在,且以对农村妇女的家庭暴力为主要类型。从社会性别理论的角度分析,家庭暴力尤其是针对妇女的家庭暴力产生的深层原因在于社会性别不平等,农村家庭暴力是对农村妇女基本人权的严重侵害。我国农村防治家庭暴力工作应遵循以下思路逐步推进:(1)在法律制度构建方面应注重完善地方性反家庭暴力立法;(2)结合我国实际,引入民事保护令制度;(3)构建防治家庭暴力的社会合力系统。     

浅谈家庭暴力

家庭暴力是中外家庭常见的一种带有普遍性的社会现象,不管是在发达国家还是在发展中国家,这种现象都不同程度地存在着。本文主要从家庭暴力的内涵探讨家庭暴力的法律特征及其防治措施。     

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。     

《家庭暴力防治法》立法建构的思考

家庭暴力已经成为全球性的社会问题,如何有效地预防和解决这种社会现象成为我国面临的重大课题,制定一部专门的《家庭暴力防治法》应是解决这一问题的根本举措.我国的《家庭暴力防治法》应坚持国家的有限干预、意思自治、综合防治三大原则,从民事、行政、刑事三大方面建构我国的家庭暴力防治法.     

论制定反家庭暴力法的必要性

家庭暴力日益成为一个全球性的话题,它对家庭和社会构成了严重威胁。本文通过对家庭暴力本质及各国立法概况的研究,认为只有制定一部统一的反家庭暴力法,才能解决这一困扰社会的问题。     

涉精神暴力离婚案件的处理方式

区分家庭纠纷和家庭暴力,尤其是精神暴力,应当以加害人是否存在控制的主观故意来判断。对于涉精神暴力的离婚案件,调解不成时,应当尽快判决离婚,在财产分割上充分保障受害方利益。人身安全保护裁定对身体暴力的加害人有较好的警示作用,但对精神暴力应当慎用。     

浅析家庭冷暴力

家庭暴力是一个严重的社会问题,它侵害了家庭成员的利益,给社会发展带来了不利影响,防止家庭暴力已成为全世界的共同目标。本文在分析了家庭冷暴力成因上,主要从内因和外因两个方面来深入了解冷暴力的根源,在此基础上提出了几点预防措施以及对策。     

OUTING DOMESTIC VIOLENCE

Studies show that domestic violence among same-sex couples occurs at approximately the same statistical frequency and has many of the same characteristics as domestic violence among heterosexual couples. In addition to the elements involved in domestic violence among heterosexual couples, gays and lesbians face a series of highly specific forms of abuse perpetrated exclusively in same-sex relationships. Yet a severe disparity exists in the services that are available to victims based on which of the two types of relationships they are involved in. In the vast majority of states, family is narrowly defined within domestic violence statutes, precluding gays and lesbians from seeking civil redress for crimes perpetrated against them by their partners. For this reason, it is imperative that state legislatures react to this discrepancy by redrafting domestic violence statutes and defining family more inclusively to provide appropriate protections to victims of same-sex domestic violence.     

A summary and analysis of warrantless arrest statutes for domestic violence in the United States

In the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything more than discretionary, preferred, or mandatory, either within their analyses or within the texts of their publications; researchers, and their audiences, may not be aware of the vast and potentially important differences among these laws. In this article, we list the domestic violence warrantless arrest laws for each state, and discuss them in terms of five common elements: the phrasing of the arrest authority; whether additional factors to domestic violence are required to trigger the arrest authority; qualifications to the arrest authority; time limits for warrantless arrest to occur; and whether police officers are required to report why they made a dual or no arrest. We then analyze the common elements of the laws, paying particular attention to how they may encourage or discourage the arrest of alleged domestic violence perpetrators. It is critical that researchers, advocates, and policymakers are aware of these variations in state statutes when conducting or interpreting research or making policy recommendations.     

Deliver us from Evil: Protecting the Child When Both Parents Ignore the Order of Protection

Orders of protection are regularly utilized to protect victims of domestic violence as well as their children, by restricting the subject from contact or specific activity with the protected parties. Unfortunately, it is common for the adult protected party to facilitate the violation of these orders in an effort to reconcile with the subject, placing children in danger. This undermines the protection that these orders were intended to offer; without penalty to the protected party. This Note proposes a model statute penalizing any party who knowingly endangers children by facilitating the violation of any order of protection; family or criminal.     

Best Interest of the Child and Parental Alienation: A Survey of State Statutes

State statutes regarding the best interests of the child (BIC) in deciding disputed custody were reviewed and independently coded with respect to three issues (i) the child's preference and any limits (ii) parental alienation and (iii) psychological maltreatment. Results revealed that many states allowed for the child's preferences to be considered and none qualified that preference when undue influence has occurred; parental alienation as a term was not found in any state statutes but 70% of the states included at least one BIC factor relevant to its core construct of the parent supporting the child's relationship to the other parent; and many states included a history of domestic violence or child abuse but only three states explicitly mentioned psychological maltreatment. These findings highlight yet another way in which the BICS factors lack specificity in ways that could negatively impact children caught in their parents’ conflict.     

可操作性家庭暴力概念入法之理由分析

家庭暴力在古代社会体现的是男性家长的特权和权威,通过家礼由家长在家庭内部自行解决。由于当代社会男女两性平等和人权理念的影响颇深,人们已经意识到家庭暴力并非家庭内部纠纷,而是侵犯人权的社会问题,仅靠道德是无法解决的。同时,家庭暴力是世界范围内普遍存在的问题,因此,从国际公约禁止针对妇女的暴力开始,到目前为止已有40余个国家颁布了反家庭暴力法。我国2001年修订的《婚姻法》虽然明确规定"禁止家庭暴力,"可并未给予定义;随后《最高人民法院关于适用〈婚姻法〉若干问题解释(一)》虽对"家庭暴力"给予定义,但与国际公约等法律文件相比其先天存在许多不足。这不仅削弱了反家庭暴力的力度,而且也不利于保护受害者的权利。可操作性概念入法尤为必要。     

Discipline, Assault, and Justice: Violent Parents and the Law

This article calls attention to an unacceptable double standard in American law: the lenient treatment of parental violence against children when compared to other forms of physical assault. Parts II and III critique the generous privilege of physical discipline extended to parents and the differential state response to violence when the victim is a child in the assailant's family. Appeals to family privacy and parental autonomy to justify the current double standard are examined and found wanting. Clearer and much stricter limits on corporal punishment are recommended and defended as constitutional. We further recommend that parental violence which falls outside these limits should be treated no differently than other misdemeanor and felony assaults. These two proposals give children the protection against domestic violence to which they are entitled as a matter of right and prudence.     

The perceived impact of a child maltreatment report from the perspective of the domestic violence shelter worker

The purpose of this study is to examine domestic violence shelter workers' perceptions of child maltreatment reporting. A sample of 82 professionals from domestic violence shelters across the United States participated in a survey focusing on a variety of different types of reports and the frequency of both positive and negative outcomes arising from these reports. Possible outcomes included in the study are damage to the relationship between the worker and the battered woman, disempowerment of the battered woman, discouragement from seeking further help, protection of the child, further traumatization of the child, further disruption to the family, and damage to the woman's likelihood of maintaining custody. Significant differences in perceived impact are found based on identity of abuser (spousal batterer vs. battered woman) and nature of report (child as witness to domestic violence vs. child as victim of abuse). These results point to the complexity of perceptions regarding the impact of reporting.     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

Older African American Women and Barriers to Reporting Domestic Violence to Law Enforcement in the Rural Deep South

Victims of domestic violence are legally entitled to police protection, but multiple barriers exist in contacting law enforcement. In this study, we used Federal Bureau of Investigation data, key informant interviews, and focus groups to examine barriers to reporting domestic violence among older African American women in the rural Deep South. Three primary barriers were identified: gender roles, age dependency, and mistrust of law enforcement. The main finding was that reports of domestic violence were deterred by fears of being stigmatized by church, family, and community. The one compelling and feasible resolution is for law enforcement to take a leadership role in educating clergy and other community leaders about domestic violence as a crime against older women.     

Work-Home Conflict and Domestic Violence: A Test of a Conceptual Model

The relationship between work-home conflict and domestic violence is examined using data from 295 adults, who worked full time and were in serious relationships. Job satisfaction, gender, gender role attitudes, type of employment, and socioeconomic status were examined as predictors of work-family conflict. Backward stepwise regression analysis revealed that job satisfaction was the only predictor of work-home conflict. Regression analyses were again conducted to determine the moderating effects of general well-being, alcohol use, family of origin violence witnessed or experienced, communication skills, and social support on the relationship between work-home conflict and domestic violence. Both family of origin violence witnessed and personally experienced were revealed as moderators of this relationship. The remaining potential moderators were submitted to regression analyses to determine if they might, instead, be mediators. These analyses revealed that negative communication skills and social support mediated the relationship between work-home conflict and domestic violence.