从“亲本位”向“子女本位”演变的亲子法

近代法国、德国、日本、我国台湾地区的民法典规定的亲子制度采用了亲本位。通过修订,现代法国、德国、日本、我国台湾地区的民法典规定的亲子制度采用了子本位。我国在制定民法典亲属编时应该坚持后一种立法主义。     

The Past and Future State of De Facto Parents in New York

Over the past two decades, the definition of “family” has expanded drastically. To address these changing family dynamics, many states have adopted de facto parent laws, which recognize a nonbiological or adoptive parent's right to petition for custody or visitation in strict circumstances. These laws differ drastically from state to state, leaving no common understanding of the requirements to be a de facto parent. Until recently, New York law refused to recognize de facto parents within the Domestic Relations Law, leaving New York as one of the only states without this important distinction. However, this year the Court of Appeals crafted a narrow exception to the rule and allowed for a de facto parent to petition for custody or visitation in extremely limited circumstances. This article proposes that the Court of Appeals’ decision was too restrictive and that New York should adopt a legal framework that reflects this new type of parent, while still recognizing public policy concerns.     

Holding Parents to Account: Tough on Children,Tough on the Causes of Children?

This paper examines the intellectual basis for New Labour's policy of holding parents to account for the misconduct of their children. It argues that the government has relied too heavily on an ill-defined conception of responsibility, whilst failing to address the underlying causes of anti-social behaviour. By way of illustration, the government's strategy is considered in the light of the author's empirical study of anti-social behaviour measures and their impact on families in a disadvantaged area.     

Punishing the Innocent: Children of Incarcerated and Detained Parents

Abstract

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on (1) the special status of children, (2) the harm caused to children by the arrest, detention and incarceration of their parents, (3) current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm.     

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     

新型毒品滥用与反社会人格——一个犯罪心理学的透视

如果从犯罪心理学的视角,分析新型毒品滥用群体的人格特征,结合考察新型毒品与传统毒品之间的区别,则不难发现,新型毒品的心理依赖性背后,事实上反应了吸毒者群体中一种共性人格特征;而这种共性人格特征实际又与反社会人格障碍之间有着千丝万缕的联系,其深层原因,在于新型毒品对于反社会人格障碍者而言,是一种释放自身被规范所压抑的人格的最具吸引力,且最少责任的媒介。这就为我们提供了一条矫治新型毒品滥用者的新思路。     

Parental Battlefield: Divorcing Parents and the Treatment of Children with ADHD

Attention deficit hyperactivity disorder (ADHD) typically manifests as inattention, hyperactivity, and impulsivity among children, resulting in stimulant drug therapy. Children exposed to high‐stress situations, such as divorcing parents, are twice as likely to present with ADHD symptoms. Often these symptoms are a result of the stress and not truly ADHD. Additionally, parents in conflict frequently disagree about the appropriate diagnosis and treatment for their child, which leads to court disputes. Thus, this Note proposes a policy be implemented setting forth alternatives that must be exhausted for a period of time prior to administering stimulants to a child of divorce.     

Patterns of Self-Reported Delinquency in Children with One Immigrant Parent,Two Immigrant Parents and Norwegian-Born Parents

Differences in self-reported delinquency among adolescents in Oslo, Norway, were analysed with respect to immigrant status, gender and country of origin. The survey covered 11,500 adolescents between the ages of 14 and 17 years in Oslo, Norway. Delinquent behaviours were analysed and described in terms of prevalence and frequency. The findings suggest that immigrants are under-represented in minor deviance, with no differences in serious delinquency, but over-represented in violent delinquency. Adolescents with one immigrant parent had a higher prevalence of delinquency compared to adolescents with two immigrant parents, in all categories of delinquency except for violence among males. There were substantial differences between the various immigrant groups, with the lowest prevalence of delinquency among Asians. The study has demonstrated clearly the importance of including different categories of delinquency when studying delinquency among children of immigrants, and to carry out separate analyses according to gender and parent's country of origin.     

Child-to-Parent Violence in Adolescents: The Perspectives of the Parents,Children, and Professionals in a Sample of Spanish Focus Group Participants

This study explored the characteristics of child-to-parent violence (CPV) in Spain based on the narrations of adolescents who perpetrate this kind of violence, their parents, and the professionals who work in this area. A qualitative design was used. Focus groups were asked about the risk factors associated with CPV, such as exposure to family violence, discipline, and psychological characteristics of the adolescents. Interviews were videotaped, transcribed, and reviewed independently by each investigator to identify and group distinct comments into categories with specific themes. Results suggest that CPV is mainly linked to exposure to marital conflict and family violence, permissive discipline, emotional disengagement in the father-child relationship, and symptoms of emotional stress and substance consumption in the children. Lastly, acts of CPV seem to be an attempt by the children to gain power in the context of family relations in which the parents display their incapacity to establish control. As several family and personal characteristics appear to be involved in CPV, it is recommended that family and individual approaches be considered for treatment.     

Responsibility and Rights: Children and Their Parents in the Youth Justice System

Responsibility is one of the key themes to emerge from the reformsto the youth justice system that have taken place since 1998.Now, the child and his parents are responsible for the offendingbehaviour of the child. This article explores the nature ofchild and parental responsibility in the youth justice system.In particular it analyses the type of responsibility demandedof both child and parent, drawing on the work of Hart and Caneto provide a conceptual analysis of responsibility in youthjustice. It goes on to consider the impact on the rights ofthe child and his parent of the mechanisms used to require responsibilityfrom parents for their child's offending (such as parentingorders, bind-overs, and the payment of fines and compensation).It suggests that there has been a lack of conceptual clarityin government policy and that if the current scheme for demandingparental responsibility continues then better attention needsto be paid to the rights of both parent and child.     

The State as Parent: The Reluctant Parent? The Problems of Parents of Last Resort

This paper will explore the idea of the local authority as a reluctant parent. It will consider the extent to which this reluctance is produced by the care proceedings system and its consequences for children. Local authorities are both expected to refrain from intervening (care proceedings are a measure of last resort) and to be fully prepared for intervention (whilst leaving children with their parents). Amongst the themes which will be developed here are the impact of the juridification of social work and the emphasis on the courts for holding local authorities to account; the balance between voluntary accommodation and compulsory care; and the problems of resourcing care services. Its main focus will be on children who enter care because of abuse or neglect. Its thesis is that the conflicting expectations on local authorities, resource constraints, and considerations of legal process make them reluctant parents.     

Breaking The Cycle Of Intergenerational Child Maltreatment: A Case For Active Efforts For Dependent Minor Parents And Their Children In State Custody

Dependent minor parents placed in foster care with their children often face significant hurdles. These parents are responsible to make caregiving decisions for their children, while they themselves fall under the caregiving responsibility of the state child welfare system. As such, dependent minor parents live in a “twilight zone” – they hold full parental rights, but limited rights as teenagers. For a number of reasons, the children of minor parents in foster care often come into state custody. When two generations are in foster care at the same time, states must balance the safety and best interests of the children with the rights of minor parents to care for their own children. Currently, the state child welfare system is only required to provide “reasonable efforts” to reunify parents with children when they have been removed from their care for abuse, neglect, or dependency. However, dependent minor parents in state custody often require more supportive services in order to successfully reunify with their children than in a typical child welfare case. This article places the circumstance just described in the context of dependent minor parents’ constitutionally protected rights, and advocates for a higher standard which would require states to provide “active efforts” to protect and preserve these young families.     

The "New Russians," the State,and Civil Society

The problem of crime in a transition society in general, and in Russia in particular, is part of a much broader problem of "liberation from the state." The road to such liberation is not necessarily a peaceful one. The emergence of a new view on life, new ideas of what is permissible and what is not, what is morally justified and what is prohibited, may be manifested in the collective and concerted actions of society as a whole or in a significant segment of society, thereby producing a revolution. Also, the adoption of new moral practices and the rejection of older ones may take place at the individual level, and in this case we may speak of a person's "escape" from state and society.     

父母离婚后的子女监护问题研究

父母对未成年子女的监护是我国监护制度中的核心内容,婚姻法中的相应条款较为单薄,尤其是对父母离婚后的监护问题更是缺乏系统规范.为此,我们需要对现行立法中监护制度的设置及其基本理念作重新的审视.     

The Relationship between Egalitarianism, Dominance, and Violence in Intimate Relationships

The aim of this study was to understand the relationship between egalitarianism, dominance, and intimate partner violence within the context of couples’ dynamics. 87 heterosexual dyads completed questionnaires on gender role egalitarianism, dominance/control, sexism, power dynamics, and aggression. The relationship between female and male scores on the dominance, egalitarianism, sexism, and intimate partner violence scales were examined using Actor-Partner Interdependence Model (APIM). Findings indicated that the APIM model provided a satisfactory fit to the data. For both sexes, dominance had more explanatory power than sexism and egalitarianism when all else was controlled in the model. Contrary to our expectation, male egalitarian attitude had no significant actor or partner effect on relationship aggression, while female egalitarian attitude had significant actor and partner effects on relationship aggression. Dyadic analysis indicated that cultural pointers of patriarchy, such as egalitarianism among young college students, were not associated with male-to-female violence.     

论艺术和技术的逻辑联系

技术必须遵循客观的自然法则和刻板的机械模式，这些与艺术不断地怀疑与否定的自由天性和个性喜好是相互排斥的，因而技术发展势必带来对艺术的负面影响，甚至迫使某些艺术类型的解析；另一方面，技术发展导致新的艺术种类的诞生和繁荣，导致艺术的形式、内容乃至于审美观念的巨大变革，促使艺术走向一个无法预料的全新境界。