欧美：严惩国际儿童诱拐

作为移民国家，美国父母诱拐儿童的历史由来已久，而且案发量逐年增加。为此，美国加快了立法进程，逐步形成了较为完备的法律体系。目前不但联邦有统一的法律，而且各州也制定了相关的法律。既有涉及民事的法律，又有涉及刑事的法律。在所有50个州的法律中，都将父母拐骗行为定为严重犯罪。     

Getting Tough on International Child Abduction

International child abduction, typically undertaken by one of the child's parents, has become an increasing problem in recent years, particularly in the United States. Parents have encountered serious difficulties in repatriating an abducted child. The 1980 Hague Convention on the Civil Aspects of International Child Abduction, signed by the U.S. and many other countries, establishes an international procedure for pursuing claims of child abduction. The Office of Children's Issues of the Bureau of Consular Affairs of the U.S. Department of State is the Central Authority that administers the Convention and its implementing legislation for the United States. In the author's view (and his alone), the Office of Children's Issues has not been sufficiently vigorous in seeking sanctions against countries that do not comply with the Convention. Even after Congress passed legislation in 2014 specifically directing the State Department to apply increasingly severe sanctions against noncompliant countries (the Sean and David Goldman Act), the State Department has still essentially failed to do so. Brazil is one signatory to the Hague Convention that the State Department itself has determined to be consistently noncompliant with the Convention since 2013. Yet the State Department has failed to impose significant sanctions on Brazil, among other countries.     

Chapter 10: International Child Custody and Abduction Cases

This chapter will familiarize judges in the U.S. with the state and federal law applicable to international child custody, visitation and abduction disputes. These laws are UCCJA s? 23, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), and the International Child Abduction Remedies Act (ICARA). When a custody order from a foreign country is presented for recognition and enforcement, UCCJA § 23 controls. If notice and opportunity to be heard were given to all affected persons, state courts are to enforce foreign custody decrees. When a petition is filed seeking the prompt return of a child to another country based on allegations that the child's removal or retention was wrongful, the Hague Convention and ICARA govern. If the child's removal or retention is wrongful within the meaning of the Convention, and no exceptions to return are proved, a court in the U.S. must order the child's return forthwith. A return order is not a decision on the merits of custody.     

香港冲突法中的国际间儿童诱拐问题

1980年《国际诱拐儿童民事方面公约》为国际间儿童诱拐问题的解决提供了一个国际方法,该公约在1997年7月1日之后继续适用于香港,并经转化为香港法例第512章《掳拐和管养儿童条例》。对于海牙《国际诱拐儿童民事方面的公约》适用的案件,适用《掳拐和管养儿童条例》;而对于非公约调整的案件,则适用普通法规则。为了海牙《国际诱拐儿童民事方面公约》在香港得以更好地施行,香港法律改革委员会于2002年4月29日作出了《国际性的父母诱拐子女问题报告书》。2009年10月,政府当局对《国际性的父母诱拐子女问题报告书》作出回应。     

Mugshots and Motherhood: The Media Semiotics of Vilification in Child Abduction Cases

The Shannon Matthews case was perhaps unique in British criminal history. For a period of several days, a young girl of 9 years of age was missing from home. During this period there was an unprecedented amount of both police and media attention devoted to the case, including TV appeals for her safe return and offers of financial rewards for information leading to her recovery. Ultimately, it emerged that the mother of the child had conspired with the child’s uncle, who had kidnapped her and kept her captive throughout the period of supposed disappearance. This article uses a corpus of newspaper articles gathered from both the period of the search and subsequently the trial of both the mother and the uncle, which resulted in convictions for both. It examines the representations of all of the actors in this scenario, both visual and verbal, in an attempt to elucidate the ideologies inherent in the case and the ways in which the victim and perpetrators were portrayed throughout the dramatic period of her disappearance.     

Parental Child Abduction in Singapore: The Experience of a Non-Convention Country

This article gives an exploratory picture of the landscape oninternational parental child abduction cases in a non-HagueConvention country, Singapore. It presents data and analyseson unpublished cases and materials in the past five years fromthe Singapore Family Court Registry (SFCR) and discusses theways in which the disputes are resolved (or unresolved) withoutthe machinery of the Hague Convention. It also examines thewelfare principle in the context of cross-border child abductionas well as how a non-Convention country can cooperate in theelimination of child abduction while applying the welfare principle.     

The Constitutional Limits of Judicial Activism: Judicial Conduct of International Relations and Child Abduction

Judges are increasingly visible in their participation in activities off the bench. This may create difficulties in drawing the line between their duties in court and their other activities. However, if judges are not acutely aware of the importance of this line their extra-curial activities may interfere with their judicial duties. This article considers the failure to observe the importance of this differentiation in the context of international child abduction. It is argued that some judges, on and off the bench, have wrongly taken over the role of the executive in international relations and that such activity jeopardises the independence of the judiciary. This raises broader issues, in particular it suggests that some judges are being seduced into exceeding their proper judicial role, by working with government in policy-making and by their increasing contacts with judges from other countries.     

Mainstreaming Gender into European Family Law? The Case of International Child Abduction and Brussels II Revised

Gender mainstreaming is an EU policy tool encouraging equality between men and women by incorporating gender concerns into the formation of EU law. The EU has intervened in private international family law, an area where concerns over gender equality may be present. Child abduction, which is regulated by the Brussels II Revised Regulation, is an aspect of international family law where issues of gender have been highlighted. Women are predominantly the abductors of their children and may abduct a child to escape a violent relationship. These factors were in evidence in the 1980 Hague Abduction Convention and an effective gender mainstreaming strategy should promote discussion to address these concerns. By examining the proposals for Brussels II Revised, this article will demonstrate that the gendered nature of child abduction was not clearly addressed in the development of the legislation and questions how mainstreaming can be effective as an aspect of the legislative process.     

论不明推论及其语言符号学意义

"不明推论"是不同于归纳和推理的第三种符号演算模式,它能够创造出新的知识.这种思维方式的特点有创造性、习惯性和无所不在性.结合皮尔士的符号三分法,"不明推论"可以分成6个亚类型."不明推论"具有重大的语言符号学意义,它联结语言符号与所指对象,创造意义,促进语言发展,催化语言交流,是语言教师必不可少的教学理念和方法.只有从符号学角度来分析"不明推论"的创新机制,才能使我们看到符号的巨大的可阐释空间和符号接受者所拥有的阐释自由.     

International Hague Network of Judges: Significance in Implementation of the 1980 and 1996 Hague Conventions on the Civil Aspects of International Child Abduction

The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) provides for the prompt return to the country of habitual residence of children taken by a parent from one country to another. It was created to address the threshold problem in such cases, that is, which court should determine the rights of the parties involved. In a case under the Convention, the court's concern is which country is the country of habitual residence and practical aspects of the return to ensure the safety of the child and the taking parent. This article will discuss the formation of the International Hague Network of Judges (IHNJ), why it is crucial in the advancement of the Convention's goals, and, specifically, what it does to educate judges and facilitate communication between judges, and how the IHNJ can facilitate the return, including providing information on services, procedures, and protections offered in the countries of return.     

Intersecting Issues Involving Asylum in the United States and Cases Arising Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction

The issue of immigration status has become the focal point in some cases arising under the 1980 Hague Convention on Child Abduction. Asylum claims affect both substantive and procedural issues that are presented to state and federal courts. A nexus has developed between undocumented immigrants who are parties to a Hague case, and issues of habitual residence, acclimatization, and grave risk. Asylum claims have forced courts to consider the viability of such claims, requests for stay of Hague cases pending the outcome of asylum claims, the likelihood of deportation, and the effect of grants of asylum on the particular issues in the case. Where asylum has been granted to either a parent or child, substantial consideration has been given to the asylum determination by the court hearing the Hague case.     

推导作为诉讼证明的逻辑

关于证据与证明的传统哲学与逻辑理论存在着实践缺陷,形式逻辑中的演绎和归纳推理不能合理解释依证据进行的事实认定。证据的作用不可能是回复案件真相,而只是为特定假设提供支持。推导作为一种可废止和情境化的第三种类型的推理是契合诉讼事实认定的逻辑形式,这种内容求真的推理与形式逻辑上的演绎及归纳推理有着本质的区别。推导理论的提出会对传统证据法理论形成冲击,从这一角度我们会对证明标准与证明责任、直接证据与间接证据、表见证明与摸索证明、事实推定与经验法则等概念与问题形成新的认识。理解案件事实认定过程的推导本质,并对其缺陷有足够的认识,才能在实践中谨慎论证与比较各种假设,以全面的信息检验假设以避免最终的误认。     

Child Maltreatment,Placement Strategies,and Delinquency

The current study examined the criminal justice experiences of foster care youth living with relatives, foster families, and living in congregate care; dependents receiving in-home care; and non-dependent youth. Specific attention was directed at uncovering whether form of maltreatment, placement type, and/or placement instability were related to delinquency. A prospective analysis of official record data followed children in Los Angeles County from the time of a first admission to the Department of Children and Family Services (DCFS) to potential involvement in the criminal justice system (N = 1,235). The study also utilized a matched control design in which DCFS cases were compared to non-dependent controls (N = 1,235). The most consistent predictors of delinquency were placement instability and age at placement. Youth who were older at placement and youth with at least one placement change were more likely to be arrested for violent and non-violent crimes as well as be charged by the district attorney than younger youth with no placement changes.     

拐卖妇女儿童罪的几个问题

拐卖妇女、儿童罪是一种严重的危害社会的犯罪,其保护客体是被拐取人的人身自由和本来的生活场所的安全。构成本罪,被害妇女的同意可以阻却违法,但儿童的同意则不能阻却违法。构成本罪也不要求有场所的转移。本罪是典型的目的犯,构成犯罪既遂时,并不要求实现特定目的。本罪是继续犯,在犯罪行为的继续中,有成立共犯的余地。从犯罪本质上讲,绑架罪、拐骗儿童罪与本罪的罪质都是一样的,三者构成了对人身自由和本来的生活场所安全法益的完整的保护体系。     

Risk Factors for Family Abduction: Demographic and Family Interaction Characteristics

Previous research in the study of family abduction has been plagued by three problems in efforts to establish risk factors for the experience of these events: (1) failure to use appropriate comparison groups; (2) focus on only the most severe cases of abduction, without consideration of the full spectrum of these events; and (3) use of data drawn only from some “reported” source (i.e., police, court, or missing children agency reports). This paper addresses these three methodological difficulties, using data drawn from a national sample of families, and including both abducted and nonabducted children. We find that race, age of children, family size, and incidence of violence in the family all appear to bear on the risk of experiencing a family abduction event. Further, recency of divorce or separation appears to be associated with the risk for more serious or alarming cases of family abduction.     

Maternal Childhood Sexual Trauma,Child Directed Aggression,Parenting Behavior,and the Moderating Role of Child Sex

Using propensity-matched controls, the present study examines the associations between maternal report of child-directed aggression and observed parenting behavior across early childhood for women with and without childhood sexual trauma histories. The moderating role of child sex was also examined. The sample (N?=?204) is from a longitudinal study of rural poverty exploring the ways in which child, family, and contextual factors shape development over time. After controlling for numerous factors including child and primary caregiver covariates, findings reveal that childhood sexual trauma is related to sensitive parenting behavior and child-directed aggression. Findings further revealed that child sex moderates the relation between sexual trauma history and maternal behavior towards children. Implications for interventions for mothers with childhood sexual trauma histories and directions for future study are proposed.