The Relation of Parenting Styles and Inconsistencies to Adaptive Functioning for Children in Conflictual and Violent Families

Research of parenting in conflictual and violent families suggests that battered mothers (i.e., those experiencing verbal and/or physical abuse by their partner) may not parent very differently from demographically similar nonbattered mothers. However, battered mothers do report being less consistent in their discipline. In the present study, 104 mothers and their children from community nonviolent and violent families and shelter violent and violent abusive families participated in interviews to obtain information about child functioning and authoritative, authoritarian, and permissive parental practices. It was the case that authoritative practices were associated with more positive child functioning and that parental inconsistency, defined in terms of endorsing conflictual parenting practices, was associated with poorer child outcome. Groups of mothers were identified that fit different patterns of parenting practices, and these patterns were differentially related to children's functioning.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

陪审制的分权机制与证据法的发展

针对我国人民陪审员制目前面临的“陪而不审”、“审而不议”之晋遍困境,本文探讨了西方国家陪审制产生和发展的过程,认识到“分权是陪审制成长的基本条件”;详细探讨了我国“陪而不审”、“审而不议”现象的主要形态,指出没有实行分权是造成这种困窘局面的根源;讨论了正在兴起的河南人民陪审圆制度的进步意义与局限性;主张我国应当建立以分权为首要特征的人民陪审员制度,为此需要立法机关制定有关陪审团如何与法官分享裁判权的制度,其中最关键的是制定证据法和陪审团法。     

Restorative Justice: The Ideals and Realities of Conferencing for Young People

This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.     

幼女奸生子的抚养问题探析

幼女奸生子的抚养问题极为棘手，容易引发许多伦理纠纷和社会问题，亟待法律的规制。可是，我国有关非婚生子女抚养的立法却比较模糊、概括、缺乏可操作性，在实践中难以发挥作用。针对这一特殊情况，应当完善相关法律，构建以社会救助为主的抚养模式，以促进这一社会矛盾的妥善解决。     

THE COLLABORATIVE DIVORCE PROJECT: A Court-Based Intervention for Separating Parents with Young Children

The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation/divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.     

美国城市的法律地位——狄龙规则的过去与现在

狄龙规则是美国处理州和地方关系的重要原则。它认为城市是州立法机关的创造物,州立法机关对其组织和结构具有绝对的控制力。狄龙规则自诞生以来就不断受到各种冲击。二战后,美国各州相继确立了地方自治制度,地方相对于州而言取得了较大的自治权。与此同时,美国联邦政府却开始通过经济渗透逐步介入地方事务,城市逐渐陷入联邦的控制。狄龙规则的变迁体现了权力制衡,地方政府在摆脱州权控制的同时又受到了联邦权力制约。     

Children and Young People who have Sexually Harmful Behaviours: From Fixed to Transformative Risk Assessment

Risk, risk assessment and risk management have become central to contemporary policies and practices in criminal justice, with consequences for those who apply and receive such approaches. It has been argued that risk has been the key organising principle of contemporary correctional practice and offender management, and that actuarial risk in particular has taken on a hegemonic dominance that supersedes other models of governance, such as welfare and disciplinary forms of regulation. This article focuses on the construction and deployment of two assessment frameworks for young people with sexually harmful behaviour to illustrate the epistemological differences between a clinical/actuarial guided approach and that of constructing safety. It identifies current theorising about risk/technologies as being within a neo-liberal political and governance agenda and the opportunities for moving from a fixed to a transformative risk subject.

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。     

论孙子女和外孙子女的继承权

理论界及司法界均存在着孙子女、外孙子女不属于法定继承人的错误观念,究其原因,主要是我国现行继承法在立法技术上的缺陷造成的.为了防止取消、限制孙子女、外孙子女的继承权的现象发生,保护他们的合法权益,在思想上必须正确理解继承法与婚姻法相互间的关系,把握确定继承权的依据;在立法上应尽快补充完善继承法,明确规定孙子女、外孙子女享有法定继承权,清晰指明代位继承人的法定继承顺序.     

Young Children in Divorce and Separation: Pilot Study of a Mediation‐Based Co‐Parenting Intervention

This article reports on a cluster randomized pilot study of a mediation‐based intervention for separated parents of very young children, Young Children in Divorce and Separation (YCIDS). The control group intervention was “Mediation plus Reading.” Participants were separated parents attending mediation over a co‐parenting dispute concerning a child under the age of 5 years (n=33 cases). Nine of the 16 key child and parent outcomes were significantly better for the intervention group, with the remainder nonsignificant between groups. Mediators reported 35 per cent lower referral on to legal action for YCIDS cases following mediation. Implementation complexities of the YCIDS program led to the development of an online intervention format, now the subject of a further study. Further implications of this pilot study are discussed.     

监控视频中车辆平均速度测算方法比较

根据车辆速度计算公式,提出了两种基于监控视频测速的思路。一是视频图像与实地测量相结合,车辆运动距离通过与监控画面匹配后实地测量,运动时间通过视频帧率运算分别获得。二是利用车辆技术参数测量,在视频图像中,车身前后明显部位经过同一点,车辆运动距离和时间分别通过被测车型技术参数、视频帧率运算获得。并通过实验结果对两种方法进行评价。     

民工子弟学校外来教师的生活世界及其教育实践

民工子弟学校的外来教师,作为城乡结合点在个人层面上的一种突出体现,在心理上向往着城市,肉体上蛰居在城市,但却在真正意义上敲不开城市的大门,在城市扎不下根来.这一特殊的生活经历和体验,使他们的生活世界充满了"流动"的变数,而这一流动性,为人们认识民工子弟学校,理解民工子弟学校中展开的教育,提供了一个非常有教育社会学意义的独特视角.本文尝试通过对一所民工子弟学校外来教师的访谈调查,描述他们在城市边缘建构起来的生活世界以及教育实践过程所展现的特色,并借用齐美尔"异乡人"的概念,从无根的漂泊感以及与货币的联系这两个维度,对生活世界与教育实践之有机关联进行解读.     

论国家义务概念之确立与发展

对国家、人权思想变迁的基本史实与思想史进行简要梳理,论述国家义务是国家起源的孪生物,国家义务是实现国家目的的有效途径,凡人权所在之处,即为国家义务并行之时,相关制度设计为国家义务的确立提供了可行性方案,发现国家义务形成于《大宪章》时期,确立于17世纪英国资产阶级革命时期以及阐述其在近当代的发展变迁,并进一步总结出国家负有人权保障义务属应有之义.     

受虐儿童眼内改变的多媒体计算机研究

本研究在传统计算机应用的基础上，综合应用多媒体计算机，视窗下多媒体创作工具等技术，结合法医学实际，研制出受虐儿童眼内改变的多媒体计算机系统。对于提高法医学工作质量，跟踪国际先进技术具有重要意义。展望多媒体计算机在法医学鉴定、法医学教育、法医学科研等方面的应用在深度和广度方面会有更大的发展。     

The Direct and Indirect Effects of Domestic Violence on Young Children's Intellectual Functioning

This study examined the direct and indirect effects of domestic violence on preschoolers' intellectual functioning. The sample consisted of 100 women and their 3–5-year-old children (44 boys and 56 girls) recruited from the general community. Forty-three percent of mothers had experienced domestic violence within the last year, defined by at least one physically aggressive act by an intimate partner. Children who had witnessed domestic violence had significantly poorer verbal abilities than nonwitnesses after controlling for SES and child abuse, but there were no group differences on visual–spatial abilities. Domestic violence also indirectly affected both types of intellectual abilities through its impact on maternal depression and the intellectual quality of the home environment. Strengths and limitations of the study are discussed, as well as the implications for interventions for young child witnesses.     

非常态亲子关系中子女利益保护探究

非常态亲子关系是父母子女关系的重要组成部分。是子女利益最难以保护的状态 ,非常态亲子关系中的子女利益的保护具有现实意义和世界意义。但在我国的立法和司法上还存在很多问题 ,在研究领域也缺乏重视。找出立法和司法中存在的问题及其原因 ,提出相应的对策