中国改革开放后的离婚率与离婚方式探析

离婚之事小乎大乎 ?谓之小者曰 :离婚乃男女情变 ,而男女之情自古未知为何物 ,故变幻无常其实寻常 ,于是不足为训。谓之大者曰 :婚姻虽为男女私情 ,但合之为情 ,离之为变 ,合乃社会安详之基 ,离则社会躁乱之由 ;况男女结合 ,实阴阳结合 ,男女离异 ,实阴阳裂变 ,而阴阳之变自古为天地之变。是所以离婚事之大莫有其上者 ,于社会稳定发展之影响亦潜移默化。改革开放以来 ,国情民风变异凡人都有觉察 ,然其中阴阳离合裂变 ,未必人人皆知。田岚之文 ,小中寓大 ,取之于万千男女 ,教之于社会众生。述其前因 ,明其后果 ,引世人警醒 ,令男女为训。更能佐以个案资料统计论证 ,并兼传离合情理之用和法律之规 ,最终引出制度设置一己之见。窃以为此文要义不在男女之事 ,而是社会之事 ,法治之事 ,因其为阴阳之事 ,故又是天地常事大事。故以其大而荐之于读者。     

小学高年级儿童气质对父母教养方式的影响

采用MCYQ儿童气质问卷和EMBU父母教养方式评定问卷调查了80名小学四、五年级学生的气质及其父母的教养方式。结果表明：小学高年级儿童的气质只与父母教养方式的情感温暖、理解，惩罚严厉和拒绝否认三个维度显著相关。儿童气质对父母教养方式的影响存在共性和差异，节律性、适应性和坚持性与父母亲的教养方式都显著相关，而情绪、注意品质和反应阈只和母亲的教养行为显著相关。影响父母教养方式的积极气质因素为节律性强、适应迅速、坚持性强和注意不易分散，消极因素为活动量大、适应缓慢、趋避性为易接近、注意易分散等。难养型和偏难养型儿童，其母亲较少表现情感温暖、理解行为，较多给予惩罚严厉和拒绝否认行为。     

离婚后未成年子女利益保护的法律思考

本文对现行立法及司法实践中存在的对未成年子女利益考虑不够和保护不足的问题,尤其是父母离婚后未成年子女财产性质的界定和保护、抚养费的合理使用、监管以及人工生育子女的法律地位和离婚后抚养问题等现行立法的空白或不完善的情况,进行了分析和思考,并借鉴国外婚姻家庭制度的有益规定,提出了一些立法建议和具体对策,突出强调在完善离婚立法中应更加强保护未成年子女的合法权益。     

Adaptive and Maladaptive Gatekeeping Behaviors and Attitudes: Implications for Child Outcomes After Separation and Divorce

Gatekeeping has been used as a theory and a measure to describe and assess family dynamics within the context of separation and divorce. In this article, we explore adaptive and maladaptive gatekeeping behaviors and attitudes that can affect the other parent's relationship with the child. Implications are presented for connecting adaptive and maladaptive gatekeeping responses to child outcomes of safety, well‐being, and positive parent–child relationships following separation and divorce. We build on the recent attention to gatekeeping as a potential framework within the child custody context.     

美国离婚后的子女监护制度及其启示

美国关于离婚后子女监护的种类主要有单独监护、分配监护、共同监护和分离监护.就单独监护和共同监护而言,又存在单独身体上的监护、共同身体上的监护、单独法律上的监护和共同法律上的监护的不同.无论适用哪种父母离婚后的监护方式,均应符合子女最佳利益原则.共同监护并非当然符合子女最佳利益.我们应当借鉴美国的子女最佳利益原则以及多种监护方式并存的模式.     

Discrepancy between Mother and Child Perceptions of Their Relationship: I. Consequences for Adolescents Considered within the Context of Parental Divorce

Previous research has shown that parent-adolescent conflict is associated with adolescent adjustment. One possible source of conflict between parents and adolescents is the discrepant ways in which they perceive their relationship, which may contribute to adolescent adjustment difficulties. The present study examined the association between mother-adolescent discrepant views in their relationship and adolescent adjustment difficulties concurrently and longitudinally. In addition, the role of a family stressor, in this case parental divorce, in enhancing the discrepant views and moderating the relationship between discrepancy in perceptions and adolescent adjustment was examined. Results indicated that discrepancies in mother perception and adolescent perception of their relationship were associated with mother report of internalizing and externalizing behavior problems concurrently and longitudinally. Furthermore, discrepancies were significantly higher in divorced families than intact families, but divorce did not moderate the relationship between discrepancies and adolescent adjustment. Clinical implications and directions for future research are discussed.     

Experiences with Parental Aggression During Childhood and Self-Concept in Adulthood: The Importance of Subjective Perceptions

That individuals' realities are subjectively constructed is a basic, fundamental concept in psychology. However, past research examining child maltreatment in relation to psychological functioning has only investigated the frequency with which parental aggression occurs. Here, adults' perceptions of the abusiveness of their parents' aggressive behaviors during childhood were investigated as a predictor of current self-concept. Participants (N = 119) completed questionnaires assessing the extent to which they experienced parental aggression during childhood, their subjective perceptions of their parents' behaviors, and their current self-concept. Results indicated that how participants perceived their parents' aggressive behaviors was a more important predictor of self-concept than was the frequency with which those aggressive parental behaviors occurred. How individuals characterize their experiences with parental aggression should be taken into account when examining the psychological effects of aggressive parental behaviors.     

Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

Measuring the Difference Between Parental Alienation and Parental Estrangement: The PARQ-Gap

Parental alienation (rejection of a parent without legitimate justification) and realistic estrangement (rejection of a parent for a good reason) are generally accepted concepts among mental health and legal professionals. Alienated children, who were not abused, tend to engage in splitting and lack ambivalence with respect to their parents; estranged children, who were maltreated, usually perceive their parents in an ambivalent manner. The hypothesis of this study was that a psychological test—the Parental Acceptance–Rejection Questionnaire (PARQ)—will help to distinguish severely alienated from nonalienated children. The PARQ, which was used to identify and quantify the degree of splitting for each participant, was administered to 45 severely alienated children and 71 nonalienated children. The PARQ-Gap score—the difference between each child's PARQ: Father score and PARQ: Mother score—was introduced and defined in this research. Using a PARQ-Gap score of 90 as a cut point, this test was 99% accurate in distinguishing severely alienated from nonalienated children. This research presents a way to distinguish parental alienation from other reasons for contact refusal. The PARQ-Gap may be useful for both clinicians and forensic practitioners in evaluating children of separating and divorced parents when there is a concern about the possible diagnosis of parental alienation.     

Parental Alienation and Misinformation Proliferation

Since parental alienation syndrome (PAS) was identified in the 1980's, there has been a remarkable amount of misinformation regarding both PAS and parental alienation (PA). These falsehoods were published in professional journals, presented at conferences, and distributed through internet websites and blogs. This article summarizes five examples of published misinformation regarding PAS/PA. Each case study includes: the false statements that were published in the medical, psychological, or legal professional literature; the names of the individuals who made the false statements; and the steps taken to refute the falsehoods and correct the record. The writers of the misinformation were from Sweden, Tunisia, Spain, and the United States, which illustrates the international scope of PAS/PA. In one example, the misinformation reached the U.S. House of Representatives and was almost included in a formal resolution adopted by that body. The article discusses various underlying causes of the high level of polarization in PAS/PA scholarship. The article also proposes steps that both mental health and legal writers can adopt to reduce the destructive polarization that has occurred. In general, however, clinicians, forensic practitioners, and legal professionals should remain vigilant when they read articles or listen to presentations about topics that might be considered controversial.     

Decision-making in child abuse and neglect

Social attachment theory can be of value in examining the wide variety of abuse and neglect situations that come to the attention of authorities. We consider evaluation of the parent-child relationship as a crucial part of the judicial process. We have suggested parameters that can be used to evaluate the relationship. We have outlined some of the more common distortions in this relationship that have, in our experience, been associated with the mistreatment of children. The use of social attachment theory has been of great help in understanding the emotional reactions of the many children we have seen for evaluation and treatment. The theory also serves as a potential guide for improvements in social policy. If we are more sensitive to the psychological world of these children, we will be better able to truly protect them.