《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.     

我国家庭暴力的原因与防治对策的完善

目前我国家庭暴力现象越来越严重:数量越来越多,施暴方式越来越残忍。它已成为一个严重的社会问题。探其根源,笔者认为,认识偏差、立法缺陷、救助缺失以及自我保护意识不强等都是产生家庭暴力的原因。我国要防治家庭暴力,应该从扩大法律宣传、建立专项立法、完善社会救助、增强自我保护意识等方面入手,只有这样才能解决家庭暴力问题,维护社会的和谐及稳定。     

家庭暴力与法律规制

家庭暴力是世界公害 ,也是我国一个严重的社会问题。我国现有法律法规在预防和制止家庭暴力方面起了很大的作用 ,但也存在诸多不足之处。进一步完善立法 ,加强对家庭暴力的法律规制 ,是遏制家庭暴力 ,切实维护家庭暴力受害者合法权益的必然要求     

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。     

反家暴，仅靠立法远远不够

家庭暴力严重侵害了受害人权利。影响了社会的稳定和安全，已经成为社会健康发展过程中的一个备受关注的问题。但遏制家庭暴力的发生，仅靠立一部法律是远远不够的。因为家庭暴力的发生相比社会上发生的一般性暴力事件，无论在起因方面、发展过程和处理结果方面都要复杂得多，同一案件使用同一手段。处理效果可能相去甚远。因此，解决家庭暴力问题需要更多办法。     

浅谈婚姻家庭暴力的一些法律救助

家庭暴力是家庭破裂，婚姻灭亡的主要杀手，也是破坏社会和谐的一大因素。不少专家学者从家庭暴力的根源、属性等方面入手，试图解决由此引发的一系列问题，但至今尚无解决此问题的良策。本文试从法律救助的层面提出一些思路，共同构建幸福婚姻家庭。     

反家庭暴力立法之我见——以深圳经济特区反家庭暴力立法为视角

家庭暴力不仅损害受害人的身心健康,而且严重影响家庭的和睦和社会和谐,是诱发违法犯罪的一种原因,已成为各界关注的热点社会问题.近年来,家庭暴力的发生呈明显增长趋势,且造成的后果也日趋严重,手段也更加的多样化.2001年婚姻法修改后首次将家庭暴力问题纳入到法律中,从国家基本法的高度明确“禁止家庭暴力”,体现出家庭暴力问题不再只局限于“家务事”,也表明了我国对家暴现象频繁发生的高度重视.但是对家庭暴力没有一套完整的处遇配置措施,也没有一部专门针对家庭暴力的法律,实践中可操作性欠缺.2014年8月17日,深圳举行了深圳反家庭暴力立法研讨会,将深圳经济特区针对家暴的专门立法推向高潮.     

家庭暴力及其法律规制

家庭暴力已经成为一个值得认真关注的问题。我国现行法律中虽然有关于制止家庭暴力的规定,但还存有一些漏洞与缺失。为了预防与制止家庭暴力,应尽快制订《预防与制止家庭暴力法》,明确界定家庭暴力的涵义与范围,确立离婚损害赔偿、民事保护令无拘票逮捕等制度。     

浅议家庭暴力的刑事司法救济

家庭暴力是一个社会普遍现象,受到社会各界的普遍关注.近年来,我国家庭暴力呈上升趋势,对家庭、社会造成了严重的负面影响.为了更好地解决家庭暴力这一社会问题,文章从刑事司法角度指出目前我国防范家庭暴力存在的缺陷,并阐述了我国对家庭暴力的刑事司法救济的完善建议.     

警察介入家庭暴力法律制度之完善

家庭暴力法律规制问题,涉及到公权和私权的平衡问题,涉及到法律规制的方式方法等问题,涉及到介入主体的安排和权限等问题。我国反家庭暴力在法制上存在明显的缺失与不足,缺乏一部统一的家庭暴力防治法来规范警察介入家庭暴力,现有条文缺少程序法的相关规制,法律救济制度欠完善,警察介入家庭暴力缺乏可靠的法律依据。通过对当前法律体系的反思,笔者提出了一系列完善我国警察介入家庭暴力的法律制度构想,包括制定一部统一完整的《家庭暴力防治法》,健全相关民事和刑事法律制度以及相关配套保障机制等。根治家庭暴力、完善相关法律制度将是一个长期、复杂的历史过程。     

Implementing a Strengths-Based Approach to Intimate Partner Violence Worldwide

Family violence is a core social issue in every country around the world. The extent and consequence of family violence as a major problem has received increased attention around the world. The focus of the present study is not only to inform about intimate partner violence (IPV) that occurs in individual countries, but to illustrate how individuals, families, communities, and cultures use their strengths to overcome the challenges that violence presents. An analysis of 16 countries, including 17 cultures is represented and includes all seven of the world’s major geocultural areas. Qualitative methodology was used to examine the stories of intimate partner violence in which similarities and differences across cultures were discovered resulting in a theoretical discussion of findings. The International Family Strengths Model was applied to examine the family strengths, community strengths, and cultural strengths used to mitigate family violence worldwide. Individual strengths emerged as a new and important component of the model. Suggestions for change include recognition of differing solutions across cultures, the need for mediation and policy changes, and the importance of empowerment.     

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.     

Centering Minoritized Students in Campus Interpersonal Violence Research

Journal of Family Violence - Campus interpersonal violence - defined as sexual assault, sexual harassment, intimate partner violence, and stalking - is a social problem that has received widespread...     

The Contribution of Family Relationships to Child-to-Parent Violence

Child-to-parent violence is a social problem that is qualitatively different from other types of family violence, since adolescents direct their violence toward those who should represent authority and provide for their welfare. One of the goals of this study was to analyze the importance of the quality of family relationships and different strategies of family discipline with regard to violent or prosocial behavior of adolescents toward their parents. Structural Equation Modeling was used to test a model of violent behavior towards parents. Participants were 585 children aged between 12 and 18 from eight schools in the Basque Country (Spain). Positive family discipline and supervision were not associated with lower levels of violence against parents. Family relationships had direct effects on child-to-parent violence, and power-assertive discipline showed a mediating effect in that association. It seems that affectivity and quality of family relationships are the most important aspects for preventing violent behaviors.     

The relationship between social support and adolescent dating violence: a comparison across genders

Although much research has focused on the function of social support in adult intimate partner violence, little is known about the role of social support in adolescent dating violence. This study is an exploratory analysis of the independent impact of social support from friends and family on the risk of adolescent dating violence perpetration and victimization among a large sample of youth (n = 970). Approximately, 21% of the sample reported experiencing victimization in a dating relationship whereas 23% indicated perpetrating dating violence. Male youth reported significantly more involvement in dating violence as both perpetrators and victims. Negative binomial regression modeling indicated that increased levels of support from friends was associated with significantly less dating violence perpetration and victimization; however, when gendered models were explored, the protective role of social support was only maintained for female youth. Family support was not significantly related to dating violence in any model. Implications for dating violence curriculum and future research are addressed.     

Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR): An Australian pilot of a family mediation model designed for matters involving a history of domestic violence

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.     

The Impact of Family Environment-Related Factors on Violence Against Adults in the Family

Much of the work on family violence, adult-on-adult violence, relies heavily on the characteristics of potential victims and offenders to explain the causes of violence. Family environment-related factors which can be represented by family organization, resources and stability have received relatively little attention. Those who live in a small family (or alone) may have a lower level of interaction with family members and a much lower risk of physical abuse compared to those living in larger family units. Also, the social organization or functionality of a family, which can be assumed from its structure and the relationships among its members, is likely to be related to the onset of violence. For those living in stable and wealthy families, violence may occur less often as a result of a reduced chance of conflict or family struggle. Findings of the current study show that the family environment differentiates the chances of victimization by family members.     

Gender, traditionalism, and attitudes toward domestic violence within a closed community

This research was aimed at examining the attitudes toward domestic violence of people living in communal secular and religious kibbutzim. The findings, disregarding gender or traditionalism, indicate that most of the kibbutz members examined view the kibbutz as almost totally lacking any problem of violence toward women by their partners. The belief that the kibbutz home is a secure place for women within the family framework appears, surprisingly, at a higher frequency among women than among men. There are two possible theoretical explanations for this finding. First, the kibbutz lifestyle has indeed brought about equal power relationships, which explains why domestic violence is not viewed as a social problem, mostly by secular women. Second, women, who play a relatively minor role in constructing the public agenda in the kibbutz, have not become aware of the existence of this issue in the closed community.     

PROBLEMS AND SOLUTIONS IN THE MANAGEMENT OF CHILD ABUSE ALLEGATIONS IN CUSTODY AND ACCESS DISPUTES IN THE FAMILY COURT

Child abuse allegations in custody and access disputes are serious matters and present family courts worldwide with major problems. This article reports a large research study just completed that investigated the way the Family Court of Australia managed child abuse cases. The study showed that such cases had become a substantial part of the court's current workload, their "core business" in fact. The families involved had many difficulties, including a history of family violence, and the present system was not appropriate for their particular problems. Thus, as new specialized court lead model of intervention was devised, based on principles relevant to family violence and incorporating the most effective strategies identified in the research.