家庭暴力成因之我见

家庭暴力已成为普遍关注的社会话题,其严重地影响着社会的稳定与和谐。本文浅析了家庭暴力的成因,希望法律、道德齐上阵共同对抗家庭暴力。另外也呼吁全社会来关注家庭暴力,将家庭暴力从根本上消除,这也是我国构建和谐社会的需要。     

家庭暴力成因之我见

家庭暴力已成为普遍关注的社会话题，其严重地影响着社会的稳定与和谐。本文浅析了家庭暴力的成因，希望法律、道德齐上阵共同对抗家庭暴力。另外也呼吁全社会来关注家庭暴力，将家庭暴力从根本上消除，这也是我国构建和谐社会的需要。     

我国制定《反家庭暴力法》的必要性分析

家庭暴力已是一个世界各国普遍关注的问题。全国妇联的一项最新抽样调查表明,有16%的女性承认被配偶打过,14.4%的男性承认打过自己的配偶。在我国家庭暴力越来越受到各界的关注,各地区对家庭暴力问题的具体规制措施也在很大空间和程度上得到了提高和改善,但是在繁琐复杂的现实面前,这些进步尚远远不足,而且我国在家庭暴力问题上的立法缺陷一直是亟待解决的问题。本文将从我国目前家庭暴力问题现状出发,探析我国制定《反家庭暴力法》的必要性。     

完善家庭暴力的认定及举证责任的承担——简评《反家庭暴力法》第二十条

对于家庭暴力,受害方如何举证证明自己遭受损害和证明自己遭受损害是因为对方实施家庭暴力之间存在因果关系,一直是困扰涉家庭暴力离婚案件的一大难题,也是导致我国法院对离婚案件中家庭暴力认定难的重要原因。一方面,当事人证据意识不强,没有充分及时收集证据;另一方面,现行的证据规则在证据的采信、认定方面没有充分考虑家庭暴力案件的特点,不能适应司法干预家庭暴力案件的实际需要。     

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。     

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.     

大陆地区家庭暴力立法状况的回顾

家庭暴力这一社会问题已经引起越来越多社会大众的关注,而与此相关的法律问题,尤其是立法问题也已同样提上了议事日程。了解我国家庭暴力的立法状况,有利于了解我国在家庭暴力立法中积累的经验,立法的现状,以及在此过程中存在的一些问题,完善与此相关的立法制度。     

关于家庭暴力认定难的思考

一、问题的提出全国妇联2000年全国抽样调查发现.我国29.3%的家庭存在暴力。近几年因为家庭暴力到各级妇联组织投诉的,每年一直保持在5万件左右。中国法学会反家庭暴力研究中心2001年的全国抽样调查也发现,我国普通人群中家庭暴力的发生率为34.7%。按我国至少13亿人口的基数计算,家庭暴力受害人数占我国总人口的1/3,至少应该有4亿多人,其     

对于防范和惩治家庭暴力几个问题的思考

家庭暴力问题是一个全球化问题。不同的地域、人种、民族,不同的社会制度都存在着家庭暴力。这种暴力既有对生命的威胁,也有对老人、妇女、儿童的精神和情感虐待。反对家庭暴力已成为全人类共同话题。作为一项活动它最早发端于上世纪中叶加拿大的“白丝带”行动。在我国,制止家庭暴力行为,惩治家庭暴力犯罪,目前已为社会各界普遍关注。本文拟就审判工作中如何防范和惩治家庭暴力略陈管见。 当前家庭暴力的特点与成因 　　从近几年人民法院有关民事、刑事案件统计数据分析,家庭暴力事件有不断增多趋向,且重大恶性件居高不下。如某市法…     

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.     

La justicia y los contextos. reflexiones sobre el quehacer de la justicia desde una perspectiva humanista y de género*

In this essay I present a comparative survey about the situation of two countries that have worked, in a almost parallel manner over time but divergently in the solutions applied, the topic of genre violence against women, especially femicide violence: Mexico and guatemala. Both countries enacted rules ad hoc to attend this world high impact problem and initiated specialized mechanisms in view of the application of his own legislations, pointing to the need of a justice operator’s specialization and invites to the reflection about the deconstruction of justice itself, as well as the reconstruction from the context in which it operates and the genre perspectives and humans rights.     

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 push or a punch: distinguishing the severity of sibling violence

Sibling violence is the most prevalent and least studied form of family violence, and little research has examined differences based on severity. This research examines more severe versus less severe forms of sibling violence. Using a subsample of married couples with two or more children ages 0 to 17 drawn from the 1976 National Survey of Physical Violence in American Families, the authors employ Conflict Tactics Scale items for child-to-child conflict to construct a measure of sibling violence severity. Drawing from several theoretical perspectives on family violence and peer aggression, the authors analyze the impact of macro-system variables, family stress and resources, and family subsystems on less severe and more severe sibling violence. Contextual factors are most important in explaining less severe sibling violence. Experience of parental violence and unpredictability are individual factors relevant to severe sibling violence. More research is needed to examine the etiology and impact of different forms of sibling violence.     

Family Representative Payeeship and Violence Risk in Severe Mental Illness

Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic. The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N = 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence, frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI.     

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.     

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.     

Women’s Knowledge of the Domestic Violence Legislation in Erbil,Iraq and their Response to Spousal Violence

This study assessed the knowledge of 82 married women about existing legislations and law enforcement structure in Iraqi Kurdistan region to combat violence against women and women’s response to spousal violence. A female physician interviewed the participants using a specially designed questionnaire. The women possessed good knowledge about the presence of legislation (76.8 %) and related law enforcement structure (70.7 % to 74.4 %) to combat violence against women, but they lacked adequate knowledge about how to contact the law enforcement agencies. Women’s response to spousal violence primarily included self-defense (37.8 %) or keeping silent (26.8 %), rather than seeking justice (4.9 %). Women’s educational status was positively associated with reporting violence to police (52.1 % vs 29.4 %, p = 0.041) and the health staff (62.5 % vs 35.3 %, p = 0.015). Further research is needed to explore the reasons behind women’s poor knowledge of the details of the existing law enforcement structure and women’s reluctance to seek justice.     

Lifetime Family Violence and Depression: The Case of Older Women in South Korea

The current study examined the prevalence of lifetime family violence among older women (N = 525) and the influence of family violence on depression using data from a national survey in South Korea. The major findings were that 49.3 % of respondents had been victimized from lifetime family violence, the prevalence of childhood maltreatment was 37.1 % and intimate partner violence was 23.4 %. Approximately, 55 % of participants had clinical depression, which was significantly associated with reported experiences of family violence. The findings suggest that family violence and depression are common social problems and that individualized intervention for older women in South Korea is needed.     

Exposure to Family Violence in Childhood and Intimate Partner Perpetration or Victimization in Adulthood: Exploring Intergenerational Transmission in Urban Thailand

Investigators who study intimate partner violence have long recognized a relationship between exposure to violence in the family of origin and subsequent offending and victimization in the family context. This relationship holds not only for direct exposure (i.e., experiencing violence), but also for indirect exposure (i.e., witnessing violence against a parent or sibling). Typically, this relationship has been attributed to a social learning process that results in the intergenerational transmission of family violence. In this study, we explore intergenerational transmission in a sample of 816 married women in Bangkok, Thailand to determine how childhood exposure to violence in the family of origin is related to intimate partner perpetration and victimization during adulthood. Our results show that there are indeed long-term and significant effects of childhood exposure to family violence on the likelihood of Thai women’s psychological and physical intimate partner perpetration. However, these effects appear to be indirect. Additionally, our results demonstrate a direct association between childhood exposure to parental intimate partner violence and subsequent psychological and physical victimization in adulthood.     

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.