Reasons for Returning to Abusive Relationships: Effects of Prior Victimization

Studies have demonstrated that women with a history of childhood sexual abuse (CSA) are at increased risk of revictimization, but research has not yet examined whether a history of CSA may affect patterns of remaining in or returning to abusive relationships in adulthood. This study examines the impact of a CSA history on decisions to return to abusive relationships in a sample of 104 adult domestic violence survivors. Participants were interviewed about the number of times that they had previously separated from and returned to their abusive partner, the factors that influenced their decision to return (both psychological/internal and environmental/external factors), and their perceived likelihood of returning in the future. As predicted, CSA survivors (n = 34) reported a significantly greater number of past separations than non-CSA survivors (n = 70). CSA survivors were also significantly more likely to report that their decisions to return were influenced by emotional attachment to the batterer. CSA survivors did not perceive themselves to be at greater risk of returning in the future, suggesting that they may be more likely to underestimate their vulnerability to returning to the battering relationship. Clinical implications of the findings are discussed.     

Targeted Neighborhood Sampling: A New Approach for Recruiting Abusive Couples

We conducted two studies to test the utility of a new strategy for recruiting couples experiencing intimate partner violence. This new strategy, Targeted Neighborhood Sampling, involves utilizing police reports of family fight calls to target particular areas within a city for recruitment efforts. Study I compared the efficacy of using this method to recruit a random versus a convenience sample. Results demonstrated that Targeted Neighborhood Sampling was most effective when recruiting a convenience sample of participants who responded to flyers left at their residences. Study II used a convenience sample and replicated the findings from Study I. Across the two studies, 40.4% of those who called after receiving a flyer experienced male-to-female partner violence within the past year. In addition, we combined data across studies and correlated types of violence the couples experienced with variables commonly associated with abuse. Psychological aggression, physical assault, and injury were all positively associated with reports of demand-withdrawal and mutual avoidance during conflict, as well as depression and symptoms of post traumatic disorder syndrome. Sexual coercion was associated with drug abuse. These results demonstrate the utility and validity of Targeted Neighborhood Sampling.

未成年犯罪的司法救济研究

未成年犯罪问题是我国面临的一个突出的社会问题,近年来,未成年人犯罪呈逐年上升趋势。由于未成年人的生理、心理不同于成年人,我国对犯罪的未成年人采取保护性法律制度,实行教育、感化、挽救的方针和教育为主、惩罚为辅的原则。鉴于目前我国法律对未成年人犯罪问题尚未形成完整的法律体系,还没有独立的未成年人犯罪实体法和程序法,需要各级司法机关进一步探索完善未成年犯罪的司法救济体系,比如少年法庭体系,暂缓起诉制度,改变刑事单一化的现状,突破审判单一化的局限,重新确定法官评价体系及法官职能摈弃指定管辖的做法等。     

犯罪被害人的经济救济

在打击犯罪和保障人权的双重要求下,犯罪人成为传统刑事政策关注的重点,对犯罪被害人的救济尤其是经济方面的救济被忽略。随着现代刑事政策的发展,人们意识到犯罪被害人地位的提高、权利范围的扩展等也应相应的纳入到刑事政策的视野中,加强对犯罪被害人的经济救济就是其核心内容。以现代刑事政策为出发点,应着力提倡三种主要的犯罪被害人救济方式:犯罪人赔偿、国家补偿以及恢复性司法模式下对犯罪被害人的经济救济,说明对犯罪被害人实行有效的经济救济是一种理想和有效的刑事政策。     

中国行政指导的司法救济

从人权保障、权力监督和依法行政的角度出发 ,如果行政指导行为使行政相对人受到损害 ,相对人有权获得司法救济。可以借助合同法上的要约与承诺理论 ,来分析在指导过程中行政机关和相对人的权利义务关系。应根据行政指导的合法性、强制性 ,行政机关是否履行其承诺的义务 ,相对人可以自由选择接受指导与否、是否有寻求救济的其他途径等因素 ,区别行政指导的具体性质 ,为相对人确定相应的救济手段。     

A Theoretical Understanding of Abusive Intimate Partner Relationships that Become Non-violent: Shifting the Pattern of Abusive Control

Our theoretical understanding of abusive intimate partner relationships has ignored relationships that have become non-violent. We interviewed a community convenience sample of 27 women whose relationships had become non-violent. Using the constant comparative analysis of grounded theory, we generated a substantive theory, shifting the pattern of abusive control with three sub-processes, counteracting abuse, taking control, and living differently. Women’s acquisition of personal capacity and autonomy was foundational to countering the insidious oppression of abuse. Partners in these relationships that became non-violent, paid attention, gradually backing off and ceasing violent acts. For some women, coexisting in a violence-free relationship was satisfactory; for others, investing in an improved intimate partner relationship was essential for sustaining living differently. This theory provides direction for women who are working toward living differently with partners who are no longer violent, and for their helpers. Further, our findings contribute to our theoretical understanding of how abusive couple relationships may evolve over time.     

Intervention for Abusive Fathers: Promising Practices in Court and Community Responses

Fathers who have abused their children or their children's mothers constitute a significant challenge to court and community service providers. Although legislation offers direction for court dispositions, resulting court orders are only the starting point for ensuring children's safety. This article begins with a rationale for expanding services to include intervention for abusive fathers. Using the Caring Dads program as an example, we identify four principles to guide appropriate intervention with abusive fathers and discuss their theoretical and practical implications. Throughout the article we contrast the model we are proposing with more traditional court and intervention program responses to abusive fathers.     

Predicting Attrition From Treatment Programs for Abusive Men

Attrition in male battering treatment programs is a serious problem. To keep clients in treatment, it is crucial to understand why they drop out. The current study examined the contribution of both client and program characteristics in predicting dropout from treatment programs for abusive men. Data were collected at intake from 306 abusive men who sought treatment at four different sites. The rate of preprogram attrition (from intake to the first treatment session) was higher in the program that had a lengthy waiting list (46%) than in the other programs amp lpar3%-13%). In-program attrition was more highly related to client characteristics than program characteristics (all programs had rates between 36% and 42%). Those men who dropped out after starting treatment tended to have unstable lifestyles (e.g., substance abuse problems, criminal history, unemployment) and to have inflicted more severe abuse than those who completed treatment. Results also supported a significant interaction between verbal aptitude and structure of program; men with low verbal aptitude were the most likely to drop out of an unstructured program. Possible strategies for preventing attrition are discussed.     

论审计决定的司法救济

审计决定的司法救济是一个具有中国特色的问题。审计决定的特征在于内容上的处理处罚性、效力上的强制性、性质上的监督性以及救济上的部分可诉性。审计决定的法律性质不能简单归属于可诉的具体行政行为,只有对行政机关以外的财务收支的审计决定才具有可诉性。审计决定的法律问题审查主要围绕其实体和程序的合法性进行审查。而事实问题的审查要处理好司法权和审计权的关系,正确获得定案依据,审查强度上采合理相信标准。     

论欺诈、胁迫之民事救济——兼评《合同法》之二元规定

对于欺诈、胁迫行为之民事救济 ,从罗马法至现代各国立法 ,大多数采取撤销主义 ,我国《民法通则》及三部旧合同法采无效主义之一元规定 ,新《合同法》则采可撤销与无效之二元规定。本文认为 ,从二元规定到采可撤销主义之一元规定 ,应是我国合同法的价值取向。     

Social Support Choices for Help with Abusive Relationships: Perceptions of African American Women

A recent national telephone study of the African American community found that over 90% of respondents would feel comfortable talking to a family member or friend who was being abused about the abuse, with the majority advising she get help from a domestic violence program. The purpose of this study was to understand how comfortable abused women would feel talking to members of her support system about the abuse and how comfortable women who have not experienced partner abuse would feel if they were abused. Over 70% of women who have experienced abuse reported at least some comfort getting assistance for abuse from a friend, clergy/spiritual leader, Black community member, family member their age, or physician. Women who reported never experiencing physical or sexual partner violence were less likely to perceive feeling comfortable getting assistance from their social support systems (both formal and informal) if they were abused. Implications of these findings are discussed.     

Race and Demographic Factors in Treatment Attendance for Domestically Abusive Men

This study examined the influence of race and other demographic characteristics on session attendance and dropout from a cognitive-behavioral treatment program for male domestic abusers (N = 101). Multiple regression analyses revealed that lower session attendance was significantly predicted by unemployed status and African American (versus Caucasian) race. Other demographic factors could not account for the race differences in session attendance. Race was the strongest predictor of dropout and session attendance in all analyses. Racial composition of treatment groups was not significantly related to number of sessions attended for Caucasian or African American clients. Although the combined (interactive) effect of race and referral source on number of sessions was not statistically significant, the pattern of means suggested that self-referred African Americans were at the greatest risk for dropout. Results suggest that race differences in dropout, and the mechanisms that account for these differences, deserve more clinical and research attention in treatment for domestic abusers.     

Cardiac Ventricular Laceration Due to Child Abuse: Abusive Ventricular Laceration

Traumatic cardiac ventricular ruptures in children are rare. Only a single case of left ventricular rupture due to child abuse has been reported. We report a child who sustained a fatal left ventricular apical rupture. It appeared to have resulted from hydrostatic forces resulting from abusive blunt thoracic injury. That he was being abused was previously missed when he was presented to the emergency department with facial pyoderma. It was not noted that he also had lip and oral mucosal injury, sites not affected by staph toxins. As a result, his underlying, abusive and secondarily infected, facial flow type scald burn was not appreciated. Within a week thereafter his fatal injury occurred, accompanied by extensive and obvious associated abusive injuries. Postmortem high‐detail whole body computed tomography scanning aided the autopsy. Although rare, ventricular rupture from abusive blunt thoracic injury can occur.     

对加害给付概念与救济的再思考

加害给付是合同一方当事人侵害对方当事人固有利益的违约行为,构成违约责任与侵权责任竞合,受损害方有权在二者中选择其一保护其利益。这是我国关于加害给付的主导观点,其影响了我国合同法第122条。然而,这种观点是否得当颇值商榷。加害给付应为债务人有责违反合同义务,给债权人造成履行利益以外的人身、财产利益损害并不排除可能同时侵害债权人履行利益的行为;对于加害给付的救济并非只能依据合同法第122条规定的责任竞合来处理,而应根据加害给付侵害的利益区别对待。     

产权市场：企业破产制度的“补天石”——关于堵住国有企业破产漏洞问题的探究

该文以个别法院在处理破产案上的腐败案例为分析背景,客观分析了新旧破产法在破产案操作中存在的问题,提出运用产权市场堵住破产漏洞的新观点,并用湖北省产权交易中心成功介入某企业破产案发挥产权市场的功能的实践支持了该观点。     

Women Who Kill Their Abusive Partners: from Sameness to Gender Construction

Since the early 1990s there has been a plethora of academic commentary on the criminal law’s treatment of women who kill their abusive partners. More recently, the debate has been re-opened due to the Law Commission’s proposals on Partial Defences to Murder. This article aims to critically analyse the approach adopted by the academic commentary and to place in within a feminist theory framework. In addition the article argues that the work of queer theorist Judith Butler enables the analysis of the law’s treatment to be developed further.Law Lecturer, Liverpool John Moores University. I would like to thank Dr Jamie Murray and Dr Lorie Charlesworth for their help and support in the writing of this article.     

弱势群体的权利救济机制论略

随着经济的不断发展,出现了贫富分化,社会上弱势群体的人数有不断增加的趋势.这一现象的成因,既有弱势群体本身主观方面的因素,也存在社会大环境方面的客观原因.我们渴求实现社会的实质公平,就不能忽视对弱势群体提供法律保护的问题.只有认识到现有法律对其利益保护的不足,并且认真探求如何完善其权利保护机制,才能真正有效地维护弱势群体的权利.     

侵犯商业秘密行为的法律救济

本文结合有关商业秘密的立法和司法实践 ,对侵犯商业秘密行为的认定、举证责任的分担、保全措施及法律救济措施的适用等问题进行了深入探讨     

论票据丧失司法救济制度之完善

尽管我国法律对丧失票据规定了公示催告和诉讼的双重救济,但由于该两项法律制度存在明显的不完善之处,因而并没有给丧失票据的持票人的正当权利实现有效的保障.本文试图在分析我国现行票据丧失司法救济制度之缺失及其原因的基础上,通过学习和借鉴国外先进的制度和经验,对完善我国票据丧失司法救济制度提出具体的设想和建议.