家庭暴力下受暴女性犯罪量刑问题的思考

近年来,家庭暴力已成为社会的一个热点问题,家庭暴力下受暴女性犯罪问题也日益受到关注。但是理论界更多是探讨家庭暴力及受暴女性犯罪的原因及防治对策,对于此类女性犯罪的量刑问题的研究并不多,而实践中,对此类案件的处理又大相径庭。所以,目前亟需出台相关立法和司法解释将家庭暴力作为此类女性罪犯法定的从轻、减轻或免除处罚情节。     

当遭遇“精神暴力”

一说起家庭暴力,人们往往就联想到精暴的殴打,其实,这只是家庭暴力的一种形式——身体暴力。而另外一种发生率更高的家庭     

我国家庭暴力受暴妇女救助应引入民事保护令制度

针对日趋复杂且越来越难以认定的家庭暴力,笔者建议引进国外的民事保护令制度。从内容上讲,本文将对我国引入民事保护令制度的必要性和可行性与民事保护令在家庭暴力受暴妇女救助中的适用作一些探讨和论述。     

不该沉默的“羔羊”——访中国法学会家庭暴力问题专家陈敏

法律与生活:家庭暴力不仅在普通家庭中显现,在夫妻双方都具有高等学历的知识分子家庭中,也屡屡发生。对于这个问题,您是如何看待的?陈敏:随着家庭暴力知识的普及,越来越多的受暴女性意识到,挨打不是自己的错。进而,她们也越来越敢于说出自己受暴的经历,本案中的吴女士就是其中的一位勇敢者。知识分子家庭存在的暴力情况,并不是近年来新出现的。国内外的研究都显示:家庭中的施暴人和受暴人来自社会各个阶层,其中包括受过高等教育,拥有硕士、博士学位并有较高社会地位的人。家庭暴力是一个社会问题,它发生在各种文化层次、社会阶层、收入水平…     

《关于适用〈中华人民共和国婚姻法〉若干问题的解释(一)》的理解与适用

最高人民法院《关于适用　＜中华人民共和国婚姻法　　＞若干问题的解释（一）》（以下简称《解释》），已于２００１年１２月２１日起公布施行。为便于大家更好地了解《解释》的内容，笔者将《解释》起草过程中的有关情况及对部分条款的理解与适用问题作一介绍。一、对《婚姻法》“家庭暴力”、“有配偶者与他人同居”问题的理解（一）对《婚姻法》禁止家庭暴力中“家庭暴力”问题的理解《婚姻法》及《解释》中规定的家庭暴力问题与人们正在研究的反对家庭暴力运动中对家庭暴力的界定是不一致的。具体差异主要体现在以下三方面首先，对暴…     

法律宽恕杀夫女子——对“以暴抗暴”杀夫案的调查

在持续关注家庭暴力之时,深受家庭暴力之苦的弱势群体——妻子们一直是本刊关注的重点。有一种说法:监狱里关押的女性杀人犯,她们杀害的对象大都是自己的丈夫。在调查中发现,不少受家庭暴力之害的妻子采取了极端手段“以暴抗暴”。而“杀夫”之后,法律对于这些妻子的审判也经历了从严厉到“宽容”的变迁。     

受虐妇女综合症证据的重新概念化:检控机关对有关暴力的专家证词的利用

在反对家庭暴力领域 ,法律改革和司法保障是应对家庭暴力、为受虐妇女提供保护和预防措施的必要且重要的战略。发展迅猛的各种民事“救助” ,如保护令和禁止令 ,在法院得到广泛利用。美国一些州甚至将保护令的适用范围扩大到骚扰、跟踪、精神暴力、恐吓以及控制等行为。这一重大举措不仅符合有关国际条约和条约机构对于家庭暴力的定义和阐释 ,而且为受暴妇女提供了有效及时的救济和保护。而刑事司法在家庭暴力领域的积极干预则发挥着不可替代的威慑作用 ,它所传递的信息是殴打妻子或亲密伙伴是犯罪行为 ,社会对此不容忍 ,施暴人为其犯罪行为…     

三项调查揭开“因奸杀夫”的幕布——新《婚姻法》出台引出的思考

法官若带着成见去看待女性当事人,不仅无法使受暴方的权利得到有效的保护,而且会使她们在诉讼中处于极为不利的地位。 在判决书中,家庭暴力几乎都掩盖在这样的言辞中:“因家庭琐事发生矛盾,致使夫妻感情破裂。” “禁止家庭暴力”写进了新的《婚姻法》,但它的执行让人颇为担忧。     

论家庭暴力中受暴方的以暴制暴行为

随着家庭暴力中受暴方以暴制暴行为的出现,关于这种行为的性质的分析也越来越多。有人认为这是典型的故意犯罪行为,也有人认为这种行为应属正当防卫。本文首先分析自救行为的正当性,通过对构成自救行为的必备条件的分析,进而将这种以暴制暴行为定性为自救行为。     

值得深思的刑法“宽”“严”倒错问题——以常见多发型家庭暴力犯罪为例

在刑罚轻缓化背景下研讨宽严相济政策,不应忽视现行刑法中“宽”“严”倒错现象的存在。就常见多发型家庭暴力犯罪而言,突出地表现在,一方面,是刑法对虐待罪、伤害罪的弱软失度,另一方面,是刑法对“以暴抗暴”型杀人行为的过份苛酷。因此,有必要从相关刑法规定上予以完善。     

Traumatic stress symptoms in women exposed to community and partner violence

Prior research documents increased trauma symptoms associated with exposure to violence, primarily by examining types of violence separately. This study extends prior research by examining traumatic stress symptoms associated with two types of violence exposure, community violence and partner violence. A sample of 90 low-income African American women from an urban area completed measures assessing exposure to community violence, partner violence, and trauma symptoms. Exposure to community violence and partner violence were associated with increased reporting of trauma symptoms. Participants who experienced high levels of exposure to both types of violence reported more trauma symptoms than women who were exposed to only one type of violence or neither type of violence. The results suggest that the accumulation of exposures to violence is linked with greater distress. Thus, interventions with women exposed to violence should assess violence exposure in multiple domains and attend to the implications of multiple exposures to violence.     

Workplace violence in Hong Kong, China: nature, impact, and preparedness

This article reports a survey of workplace violence in Hong Kong. A sizable number of the 1,198 organizations that were questioned reported that they had experienced such violence over the 2 years preceding the study, but the problem was not prevalent. In both the private and government sectors, nonphysical violence happened more frequently than physical violence, and there was a reported lack of preparedness of many organizations to deal with the violence. Compared with private organizations, government organizations experienced more coworker and customer violence, but more private than government organizations believed that workplace violence caused the loss of key employees and clients. Correlation analysis found that a subculture of workplace violence appears to emerge over time, such that the more customer violence is experienced, the more is coworker violence, and the more the nonphysical violence, the more the physical violence. These findings are discussed with reference to international findings.     

Anger Control and Acceptance of Violence as Mediators in the Relationship between Exposure to Interparental Conflict and Dating Violence Perpetration in Mexican Adolescents

Dating violence is a prevalent problem in high school students. Previous research has found that anger expression styles and acceptance of violence beliefs mediate the relationship between experiencing family violence and dating violence perpetration. Few studies have examined the intergenerational transmission of violence theory in predicting dating violence in Mexican teens. The purpose of this study is to examine the relationships among exposure to interparental violence, anger expression, acceptance of violence beliefs, and perpetration of teen dating violence in Mexican teens. Surveys were administered to 204 high school students (aged 15 to 17) from Monterrey, Mexico. Regression analyses revealed that anger control and acceptance of violence beliefs, mediated the relationship between interparental conflict and dating violence perpetration. These results support the use of family-based interventions that challenge acceptance of violence beliefs and teach anger control techniques in Mexican teens.     

The relationship between violence in the family of origin and dating violence among college students

Prior research has established that violence in dating relationships is a serious social problem among adolescents and young adults. Exposure to violence during childhood has been linked to dating violence victimization and perpetration. Also known as the intergenerational transmission of violence, the link between violence during childhood and dating violence has traditionally focused on physical violence. This research examines the relationship between experiencing and perpetrating dating violence and exposure to violence in the family of origin. Specifically, the current research examines gender differences in the relationship between exposure to violence during childhood and physical and psychological abuse perpetration and victimization. Data were collected from a sample of approximately 2,500 college students at two southeastern universities. Findings indicate that childhood exposure to violence is a consistent predictor of involvement in relationships characterized by violence for males and females. The implications of the current research on policy are discussed.     

Correlates of partner violence for incarcerated women and men

This study examines partner violence within an incarcerated sample of women and men. Specifically, it focused on the relationship between explicit and implicit attitudes to the perpetration and victimization of violence. Findings revealed that violence was bidirectional, with males and females equally likely to report being the perpetrator or victim of violence. The attitudes and beliefs associated with violence were similar regardless of gender, type of violence (physical or psychological), or whether individuals were the victim or perpetrator of violence. Hostility to women was the most significant factor associated with perpetrating and condoning partner violence. Hostility to women in combination with implicit beliefs condoning violence were the strongest predictors for suffering physical violence. Victims' self-reported communication problems uniquely predicted their suffering of psychological violence. The explanation for and consequences of these results are discussed.     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.     

Factors Mediating the Link Between Witnessing Interparental Violence and Dating Violence

The present study examined several protective and vulnerability factors in a subsample of adolescents who witnessed high levels of interparental violence to determine what factors differentiated adolescents who inflicted (and received) violence in their dating relationship and those who had violence-free dating relationships. Findings revealed that males who witnessed high levels of interparental violence, who inflicted violence in their dating relationships, were differentiated from those who had violence-free relationships by the following variables: low socioeconomic status, exposure to community and school violence, acceptance of violence in dating relationships, and low self-esteem. Low socioeconomic status and acceptance of violence in dating relationships differentiated males who experienced dating violence and those who had not. With regard to females, exposure to community and school violence, poor school performance, and experiencing child abuse differentiated those who inflicted dating violence from those who had not, while poor school performance and experiencing child abuse differentiated females who experienced dating violence and those who had not. Implications of the findings are discussed.     

Dissatisfaction with relationship power and dating violence perpetration by men and women

This study focuses on the relationship between an individual's dissatisfaction with the level of power they have in their dating relationships, parental violence they experienced during their childhoods, and their dating violence perpetration. A sample of 352 male and 296 female undergraduate college students completed a dating violence survey, including selected subscales from the Revised Conflict Tactics Scales (CTS2) and the Relationship Power Scale. Findings show that relationship power dissatisfaction is associated with the use of violence in dating relationships for both men and women. However, parental violence emerged as an even stronger predictor of dating violence perpetration. Findings also indicate that male perpetration of dating violence is related to mother's violence, whereas female perpetration of dating violence is related to father's violence. The results indicate the importance of including gender in the study of dating violence perpetration.     

Antecedents to the Perpetration of Domestic Violence in Curaçao

Previous international studies have found collectivism and low gender empowerment to contribute to higher domestic violence perpetration by males, compared to females. Little is known about gender differences in domestic violence perpetration prevalence in collectivist countries with high gender empowerment, for example Curaçao. Curaçao demonstrates gender similarity in committing domestic violence, resembling Western countries: 25–33 % have committed psychological domestic violence, 11–17 % physical violence, and 1–6 % sexual violence. Antecedents to the perpetration of domestic violence are similar for both sexes as well. Domestic violence victimization, especially in cases of severe physical violence, increases the probability of becoming a perpetrator. Other perpetrator risk factors are a high education (psychological violence) and having children in the household (physical violence).     

Adult attachment as a risk factor for intimate partner violence: the "mispairing" of partners' attachment styles

This study examined the relationship between intimate partner violence and adult attachment in a sample of 70 couples. The attachment style of each partner and the interaction of the partners' attachment styles were examined as predictors of intimate partner violence. Additional analyses were conducted to examine violence reciprocity and to explore differences in the relationship between attachment and violence using continuous and dichotomous violence measures. Results of hierarchical regression analyses indicated the "mispairing" of an avoidant male partner with an anxious female partner was associated with both male and female violence. When controlling for partner violence, the relationship between attachment and violence was significant for males only. In addition, analyses using a dichotomized violence variable produced different results from analyses using a continuous violence measure. Clinical implications include focusing on the discrepancy between partners' needs for intimacy and distance within the couple as a strategy for treating intimate partner violence.