家庭暴力法律规制研究

社会最基本的组成团体是家庭,家庭在维系亲属关系,维护社会和谐稳定上扮演着举足轻重的角色.现阶段,伴随国内外经济环境优化以及社会环境变迁,人们的思想观念和生活理念发生了变迁,家庭暴力事件也愈来愈多,严重威胁着家庭的稳定,侵蚀着社会和谐的土壤.这些事件背后既有社会因素,也有立法层面的因素.其中最重要的一点,就是法律层面存在...     

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。     

家庭暴力法律规制之完善

家庭暴力严重侵害了公民人身权利,破坏了家庭关系,一定程度上影响到社会的和谐稳定.自《中华人民共和国反家庭暴力法》实施以来,家庭成员以及具有监护、扶养、寄养、同居等关系的共同生活人员之间的自我保护意识逐渐增强,\"家暴零容忍\"理念逐渐形成,但家庭暴力案件仍时有发生,甚至增添了一些新的犯罪表现形式.当务之急是从多渠道收集证据...     

家庭暴力的法律思考

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。我国反对家庭暴力的立法存在对家庭暴力的定义太狭窄、针对家庭暴力案件缺少专门证据规则、政府在解决家庭暴力问题职责的规定缺乏等缺陷,应采取制定一部专门的《家庭暴力防治法》、完善相关法律等对策。     

论儿童家庭暴力的法律规制

儿童本应在父母呵护下健康快乐的成长,但近年来儿童遭受家庭暴力的案件却频频发生,2014年最高人民法院公布十起涉家庭暴力典型案例中,就有二起是明显涉及儿童家庭暴力的案件。虽然儿童家庭暴力事件已引起社会大众普遍关注,但饿死女童、父亲打死抄作业的女儿等惨剧却还在上演。本文从多角度分析频繁出现家长虐待儿童的案件的原因,并为今后预防和制止儿童家庭暴力提出建议和参考。     

论我国反家庭暴力法律规制的完善

我国对家庭暴力的法律规制散见于《婚姻法》等法律之中,缺乏针对性系统性的规定,对受害人的救济和保护缺失。因此需制定专门的《家庭暴力防治法》,建立社会干预机制,引进民事保护令制度以保护受害人的合法权利。     

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.     

警察介入家庭暴力法律制度之完善

家庭暴力法律规制,不仅涉及公权和私权的平衡、法律规制的方式方法,而且还关涉介入主体的安排和权限等。我国反家庭暴力在法制上存在明显的缺失与不足。通过对当前法律体系的反思,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。     

美国社会的家庭暴力及其法律对策

作为一种复杂的社会现象,长期以来,家庭暴力极大地困扰着美国社会,业已引起美国民众的广泛关注。本文拟从家庭暴力的根源入手,侧重探讨家庭暴力在美国的主要表现形态、成因以及美国社会对其采取的相关法律对策。     

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。     

Family violence and depressive symptomatology among incarcerated women

This study examines the potential association between witnessing parental violence as a child and later adult depressive symptomatology within a population that has received limited attention in the scientific literature, namely, incarcerated women. The Conflict Tactics Scale and the Center for Epidemiological Studies Depression Scale were administered to 60 women incarcerated in a maximum security prison in North Carolina. A majority of the women reported that they had witnessed verbally aggressive or physically violent interactions among the adult members in their families. Seventy percent of these women suffered from clinically relevant levels of depressive symptomatology. Stepwise multiple linear regression analysis revealed that increasing levels of reasoning conflict resolution strategies used in the women's families of origin were associated with decreasing levels of depressive symptomatology of the women, whereas increasing levels of physically violent conflict resolution strategies were associated with increasing levels of depressive symptomatology.     

Family violence reported in a psychiatric emergency room

The prevalence of family violence reported in psychiatric emergency rooms is relatively undocumented, despite the clinical and legal concern for dangerousness. This study assesses the prevalence of aggression incidents reported to clinicians and physicians during evaluation interviews (n =389).Two-thirds of the total number of subjects reported being involved in an aggression incident sometime in their past. Only 8% reported being the victim of such incidents. About one-half of the cases involved physical assaults; nearly one-half of these assaults had family members as victims. One third of the total cases had been assaultive within 3 months; one sixth had been assaultive within 2 weeks of visiting the hospital. Clinicians and researchers are urged to consider more systematically family violence in psychiatric settings.     

Gender comparisons in the relationship between parental and sibling violence and nonfamily violence

This paper addresses two neglected areas in the research on the relationship between family violence and violence outside the home: violence other than parent-child abuse and the effect of gender. Specifically, we consider both parental and sibling violence as independent variables, nonfamily violence as the dependent variable, and gender as the specification variable. The data were collected from a sample of 306 students in Introductory Sociology and Social Problems classes. The finding of particular importance is that the interaction between the gender of both the aggressor and the victim has a significant effect on the relationship between violence within the home and nonfamily violence.     

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。     

Physical violence in Utah households

Using the Conflict Tactics Scale, a random sample of 1471 Utah residential units was selected in 1986 to assess family violence. Results were compared with data from the Straus and Gelles (1986) United States national survey of family violence. Spousal violence rates in Utah households were slightly higher than those in the national survey. Income, employment status, education, family size, religiosity, marital power structure, and gender role orientation failed to differentiate spousal violence rates. Parent-to-child violence rates were less in Utah than in the national survey. Severe mother-to-child violence was influenced substantially by educational level, family size, employment status, and gender role orientation. High level of education for traditionally oriented mothers who are not employed was associated with severe physical violence toward their children.     

Family Violence, Anger Expression Styles, and Adolescent Dating Violence

How partner violence is transferred across generations is relatively unexplored. This paper proposes that anger expression style (constructive, destructive direct, destructive indirect) mediates the relationship between exposure to family violence and dating violence perpetration by adolescents. Data are from 1,965 completed self-administered questionnaires given to eighth- and ninth-grade students in a primarily rural county in North Carolina in 1994. Results varied by gender and type of exposure to family violence. For females, destructive direct and destructive indirect anger expression styles mediated the relationship between experiencing family violence and dating violence perpetration. For males, this relationship was mediated primarily by destructive direct anger expression style. The association between witnessing family violence and dating violence perpetration for females was mediated by destructive direct anger expression style only. Witnessing family violence was not associated with dating violence perpetration for males, and therefore could not be mediated. This study suggests that adolescents exposed to family violence learn anger expression styles that put them at risk of being perpetrators of dating violence. Further research is needed to identify other mediators that explain how partner violence is transferred across generations.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Gender effects in attitudes about family violence

We present results of perceptions of family violence from 176 telephone interviews conducted in a Standard Metropolitan Area in Northwest Arkansas. Four research questions are examined: (1) How do men and women differ in their perceptions about the seriousness and causes of family violence? (2) Do men and women differ in their acceptance of specific acts of interpersonal violence and does the gender of the aggressor and victim affect gender perceptions? (3) Do men and women differ in their views about the effectiveness of different intervention agencies? (4) Do men and women differ in their willingness to report acts of child abuse and does the gender of the parent and child affect the likelihood of reporting? Results indicate that females consider the problem as more serious and view public responses to family violence as more effective. Both male and females are more tolerant of acts of aggression and violence if directed by a woman toward a man. Females are more likely to report child abuse but there are significant interactions between the respondent's gender and the gender of the parent and child.     

家庭暴力和婚姻家庭的伦理底线

夫妻之间产生的家庭暴力是一种不对称的暴力行为。其可分成硬暴力和软暴力两种不同形式。而后者的行为同样令人发指,它所带给夫妻双方的伤害更为隐密和持久。如果说硬暴力是一个和法律密切相关的问题,那么软暴力似乎只是一个和婚姻伦理相关的问题。