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1.
This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children. 相似文献
2.
张松 《南京大学法律评论》2011,(1):142-150
ADR概念来源于美国,原是对20世纪逐步发展起来的各种诉讼外纠纷解决方式的总称,现已引申为对世界各国普遍存在的、民事诉讼制度以外的非诉讼纠纷解决方式或机制的称谓,具有代替性、选择性的特点以及纠纷解决的基本功能。民国初期的商事公断集现代和传统于一身,兼具仲裁和调解的性质特点,任何一种单一的法律性质界定都显得单薄,不能涵盖其全部,而它的这种新旧杂糅的特点都可以纳入"非诉讼纠纷解决机制"这一"模糊"概念之中。 相似文献
3.
Robert A. Zibbell 《Family Court Review》2005,43(3):454-465
Based on the experience of finding low-level partner aggression in most couples disputing custody/access arrangements, I reviewed the literature on the incidence of common couple aggression and the impact of parental conflict on children. The pervasiveness of this pattern of interparental maltreatment and its potentially negative effects on children's behavior and emotional development underlay the importance of investigating these issues with such disputing families. The integration of several existing models for clinical-forensic evaluation and recommendations was proposed. 相似文献
4.
家庭是社会的细胞,在构建社会主义和谐社会的历史背景下,认真反思并全面破解家庭暴力问题,其理论意义和现实意义均格外重大。文章从经济、社会、文化、历史、法律等角度对家庭暴力问题作出了解读,希冀全面准确地揭示家庭暴力的内涵、根源与防治对策。 相似文献
5.
The general purpose of this study was to investigate domestic violence within a conflict framework. Specifically, the association between conflict-based, communication response and outcome behaviors and the frequency and severity of female domestic violence towards male partners was examined. Participants were 153 female volunteers who reported on a range of communication responses and outcomes for both self and partner. The contribution of relationship distress was controlled for and also examined as a moderator. Relationship distress was not found to be a significant moderator. Results showed that seven communication response variables and four outcome variables were significantly associated with the frequency and/or severity of female domestic violence. Relative to nonviolent relationships, relationships with female violence had more male and female unilateral verbal aggression, more mutual verbal aggression, more male verbal aggression/female calms things down, more male demand/partner withdraw, more mutual avoidance, and less constructive relative to destructive communication. Relationships with female violence also had poorer resolution of problems and more emotional distance after problem arguments and discussions than their nonviolent counterparts. 相似文献
6.
《社会福利与家庭法律杂志》2012,34(1):53-69
Domestic violence is the most common welfare issue raised in private law contact proceedings. A wide range of studies has shown that judicial decisions about contact which fail to take safety into account endanger women and children physically and emotionally. Yet a presumption that contact is in the best interests of the child, combined with an increasing focus on fathers' rights, casts long shadows over legal judgments, policy frameworks and individual cases. This article presents research which examined child contact proceedings as a legal process to identify if, how and when domestic violence was factored into judicial decision making. Drawing on in-depth interviews with 34 women who had recently completed, or were currently undergoing, proceedings, the article highlights how two aspects of private law Children Act proceedings diminished women's safety: the absence of special facilities in family courts and gaps in legal representation for both victim-survivors and perpetrators. 相似文献
7.
Lieberman and Zeanah are specialist clinicians, researchers, and prolific publishers in the areas of infant mental health, attachment development in high‐risk environments, and treatment of infant–parent relationship trauma. In this article, Lieberman and Zeanah discuss the impacts of domestic violence on the attachment security and development of infants and children and address a number of implications for the family law context. Conundrums for parenting visitation and living arrangements are considered, together with the need for multidisciplinary, early response and the pivotal role of family courts in directing this response. 相似文献
8.
中国参与建立的区域贸易争端解决机制 总被引:2,自引:0,他引:2
RTA争端解决机制是RTA中的重要内容。本文从东盟自由贸易区(AFTA)等实例出发考察了RTA争端解决机制对RTA运行的影响,并对CEPA以及我国对外签署的两个自由贸易区,中国-东盟自由贸易区(CAFTA)和中国-智利自由贸易区(中智FTA)的争端解决机制,作了分析。RTA争端解决机制是保障RTA正常运行的核心,作为一种新型的RTA,CEPA应当构建正式的争端解决机制。CAFTA以及中智FTA的争端机制基本上顺应了世界RTA发展潮流,但也应当在实施过程中进行进一步的完善。 相似文献
9.
从世贸组织争端解决机制谈国际法效力的强化 总被引:1,自引:0,他引:1
国际法一直以来都是以“软法”、“弱法”的形式出现,努力加强国际法的拘束力,以有效解决国际争端,是国际法发展的一个方向。世贸组织争端解决机制作为一个司法性国际争端解决机制,不论是其制度设计,还是其司法实践,都体现了国际法拘束力不断加强的发展趋势。 相似文献
10.
Alissa C. Huth-Bocks Alytia A. Levendosky Michael A. Semel 《Journal of family violence》2001,16(3):269-290
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. 相似文献
11.
A police/victim assistance crisis intervention program was evaluated over a 6-month period for its effect on police-related outcomes. Police report data on crisis team cases (N = 96) were compared to a random selection of family violence cases (N = 80) that were not served by the crisis team. The crisis team cases generated more arrests; however, victim cooperation was lower than in noncrisis intervention cases. Implications for work with family violence and victim assistance are discussed, as well as needs for future research. 相似文献
12.
司法鉴定意见是司法鉴定人对诉讼涉及的专门性问题的个人认识和判断,不仅受到仪器设备、鉴定方法以及实验室条件等客观因素的制约,也会受到司法鉴定人的知识水平、业务能力和实践经验等主观因素的影响。因而,对于同一专门性问题可能会出现不同的鉴定意见,其可靠性和科学性也无可避免会受到当事人的质疑。通过对司法鉴定的属性、可诉性的审判实践、法理上的分析以及我国现行法律对一些法律行为的可诉性规定等方面进行探讨,以寻找司法鉴定意见是否可诉的答案以及司法鉴定意见争议的解决机制。 相似文献
13.
Richard J. Gelles 《Family Court Review》2007,45(1):42-51
This article examines the issue of how research is utilized, abused, and misused in policy and practice in the area of intimate partner violence (IPV). The article reviews and critically analyzes facts set forth for the purpose of claiming that IPV is a significant social problem and finds that many of these facts lack empirical support. The lack of evidence that supports theoretical explanations for IPV and recommended interventions hinders the ability to adequately respond to the problem of IPV. 相似文献
14.
《社会福利与家庭法律杂志》2012,34(4):343-359
This article discusses the nature and implications of the proposed Legal Aid cuts in family law cases raising issues of domestic abuse. It outlines the proposed inclusions within and removals from the scope of Legal Aid for private family law proceedings set out in the Green Paper, Proposals for the Reform of Legal Aid in England and Wales, charts the progress of the proposals from the Green Paper to the Legal Aid, Sentencing and Punishment of Offenders Bill 2011, and considers their likely impacts on women and children affected by domestic abuse. It also considers the potential interaction between the Legal Aid reforms and the Family Justice Review, and suggests desirable amendments to both. 相似文献
15.
16.
Ginger S. Frost 《The History of the Family》2015,20(4):546-562
This essay uses evidence from 217 violence cases between cohabiting couples to investigate the reaction of neighbors to irregular relationships. Ostracism was rare as long as the couples did not flaunt their status, for a number of reasons. First, working-class families lived in tenements and row housing that promoted cooperation for survival. Second, women preferred to live near their kin, and families were less disapproving, as they knew the reason for the cohabitation. Third, neighbors often stepped in to fulfill familial roles if kin were absent, encouraging both sisterly and motherly bonds in particular. Fourth, both men and women intervened, though in different ways. Men's participation was especially facilitated by their use of public houses, which was a liminal space that permitted freer discussion of men's personal lives. Fourth, neighborhood values delineated the ‘blame’ for problem families carefully; both men and women could face disapproval for flouting gender norms. Overall, neighbors parsed the reasons for cohabitation, the harm done by the couple to others, and whether the couple was disruptive in other ways before accepting or rejecting cohabitants in their midst. Indeed, drunkenness and violence was more of a problem than sexual nonconformity in most of these cases. 相似文献
17.
家庭是社会最小的细胞,家庭暴力直接影响到社会的安定团结.本文在分析产生家庭暴力原因的基础上,阐述了家庭暴力对家庭乃至社会产生的负面影响,提出了防治家庭暴力一方面要不断提高人们的自身素质,另一方面必须依靠法治. 相似文献
18.
On the basis of a learning-theory approach to the intergenerational transmission of violence, researchers have focused almost exclusively on violent men's childhood experiences of physical abuse and witnessing family violence. Little consideration has been given to the coexistence of other forms of child maltreatment or the role of family dysfunction in contributing to violence. This study shows the relationships between the level of child maltreatment (physical abuse, psychological maltreatment, sexual abuse, neglect, and witnessing family violence), childhood family characteristics, current alcohol abuse, trauma symptomatology, and the level of physical and psychological spouse abuse perpetrated by 36 men with a history of perpetrating domestic violence who had attended counseling. As hypothesized, a high degree of overlap between risk factors was found. Child maltreatment, low family cohesion and adaptability, and alcohol abuse was significantly associated with frequency of physical spouse abuse and trauma symptomatology scores, but not psychological spouse abuse. Rather than physical abuse or witnessing family violence, childhood neglect uniquely predicted the level of physical spouse abuse. Witnessing family violence (but not physical abuse) was found to have a unique association with psychological spouse abuse and trauma symptomatology. These results present a challenge to the understanding of domestic violence obtained from learning theory. 相似文献
19.
ABSTRACTWhile the public campaign slogan in New Zealand when referring to family violence, is ‘It’s Not OK’, many women in New Zealand report that the Family Court prefers the catchphrase ‘It never happened’. When women and children escaping violence and abuse reach out to the New Zealand Family Court for protection believing the justice system will help them, they often enter an alternative reality where they are not believed and are subsequently made less safe. This is particularly so for those women whose well-founded fears for their children’s safety get reinterpreted as evidence of a deliberate attempt to alienate the children from their fathers. The Backbone Collective, an independent organisation, surveyed New Zealand women about their experiences in the Family Court, finding that many women reported being accused of parental alienation. This paper investigates the sources of these allegations of parental alienation and how they impact mothers and their children. We argue that the use of parental alienation in the New Zealand Family Court is undermining the international rights of children. 相似文献
20.
我国体育协会章程与体育纠纷解决方式的研究--以足球协会章程研究为中心 总被引:1,自引:0,他引:1
体育纠纷呈爆炸式地增加,研究体育纠纷的解决方式成为必要.体育协会章程在纠纷解决中起着重要的作用,研究我国足球协会章程中体育纠纷解决机制具有代表性.通过研究发现协会章程中有关纠纷解决机制存在的问题,建议统一体育协会章程对纠纷解决机制的规定 ,明晰、简化内部纠纷解决机构的设置,强调作出的处罚具有独立性和权威性,并在章程中规定在内部纠纷解决方式使用穷尽时,可以选择仲裁和诉讼. 相似文献