我军实施海上封锁作战的若干国际法问题

根据国际法有关规定,海上封锁作为一种作战手段和作战方法,只要在封锁中遵循国际人道主义法关于对作战手段和作战方法的限制,在国内武装冲突中实施海上封锁同样合法.而在我军实施海上封锁作战时,首先要根据我军的海上实力,在尽可能保证足够水面舰艇兵力的基础上,采取"指定航道"的封锁方法,以保证"封锁的实效性";其次,要根据敌舰船的不同情况,对破坏封锁的舰船进行具体认定、作出不同处置;再次,对敌进行封锁时,不能阻止国际社会对平民、伤者及战争受难者给予的国际人道主义援助.     

Gender Differences in the Impact of Family of Origin Violence on Perpetrators of Domestic Violence

This study examines the applicability of theories related to the intergenerational transmission of violence. Studies of the impact of violence in the family of origin on the propensity to engage in domestic violence as an adult have commonly focused on boys as potential perpetrators. This study examined the impact of previous violent victimization on males and females charged with domestic violence perpetration, finding previous violence significantly related to increased fear and hyper-vigilance to threat in adult relationships. In addition, the study explored the theoretical assertion that those who use violence in their homes are not also generally violent and found that the majority of individuals using violence, both males and females, were not violent outside the home.     

“I didn’t do it,but if I did I had a good reason”: Minimization,Denial, and Attributions of Blame Among Male and Female Domestic Violence Offenders

Women are increasingly being arrested and prosecuted for assaulting an intimate partner. Whereas extensive research has been conducted to identify the treatment needs of male domestic violence offenders, few studies have examined females convicted of the same charges. In the present study 1,267 men and 159 women convicted of intimate partner abuse were compared on scales assessing attributions of blame for their recent offense, minimization, denial, and socially desirable responding. Research with male offenders has identified these factors as important treatment targets, as they appear to influence an offenders risk for noncompliance and recidivism. The results of the study suggest that both male and female domestic violence offenders engage in socially desirable responding during court-ordered evaluations, that both attribute greater blame for the recent offense to their spouse/partner than they acknowledge for themselves, and that significant numbers of both genders deny the recent incident and/or minimize the severity of the offense. Areas for further research are highlighted along with a discussion of the implications of these findings for practitioners.     

Psychological Distress of Children and Mothers in Domestic Violence Emergency Shelters

Abused mothers and their school-aged children who recently entered domestic violence emergency shelters were assessed by individual interview and psychometric measures. Children had positiveviews of the shelter residence. Mothers and children reported high-quality relationships with eachother. Children came from highly violent homes, and the majority had attempted to intervene in theinteradult violence. Hierarchical multiple regressions were conducted on child PTSD symptoms, child behavior problems, and maternal depression, anxiety, and anger. Child PTSD symptoms were associated with amount of physical violence. Child behavioral problems were related to mother anxiety andanger. The predictors of maternal emotional distress varied. Depression was associated with sexualabuse, child physical intervention, and quality of mother–child relationship; anxiety was related to witnessing child abuse, child age, and child internalizing behaviors; anger was associated with abuse-related injuries, violence frequency, and child internalizing behaviors. Augmentationof shelter-based interventions for children's trauma, maternal emotional distress, and parenting are discussed.     

关于公安机关处置家庭暴力的构想

针对目前公安机关在处置家庭暴力的不足及法律困境,公安机关处置家庭暴力可以借鉴国外相关制度及理念,实行“鼓励报案”、“无条件立案”和“支持起诉”政策,进一步明确公安机关现场处置的措施,并相应引入“恢复性司法程序”和“保护令”制度,针对家庭暴力的易反复性特点,建立公安机关对家庭暴力的“分级监督模式”,为受害者提供法律支持。     

我国劳动法律制度水平与核心劳工标准的比较

文章以八个核心劳工公约为基轴，运用比较兼有实证的研究方法，从劳工结社权、平等就业权、强迫劳动及禁止童工四个方面较为详细地分析了我国劳动法律制度水平与国际核心劳工标准的差异，指出我国劳动法律制度水平与国际核心劳工标准不论是从总体上，还是从单个标准上，抑或是从相关标准的实践层面上，都有相当大的差距．正确认识这些差距是完善我国劳动法律制度、加强劳工保护的重要起点。     

家政服务员性骚扰问题的职业特点

文章基于打工妹之家的维权经历和调研结果,分析了家政服务员性骚扰问题的职业特点。其特点表现为:与其他行业从业人员相比,家政服务员更容易遭受性骚扰,且受害者都是女性;此类性骚扰容易导致犯罪而且取证更难。因此,改变家庭服务员遭受性骚扰的状况,需要加强法律保障和行业管理,建立多部门多系统的联合预防和救济机制。     

对法不容情的批判性解读——以容隐制度与亲属拒证权为视角

通过对中国的容隐制度和西方的亲属拒证权进行考察发现,亲属容隐制度与西方大多数国家所规定的亲属拒证权有着共同的价值基础。虽然这项制度在建国后被当作封建消极的东西予以摒弃,但是在当代中国仍有其存在的合理性,而且具有回归的现实基础,应当在立法中重新设立这一制度。对“法不容情”应作批判性的解读。     

Victim Protection Orders and the Stake in Conformity Thesis

Victim Protection Orders have gained wide use by local courts as one method to protect victims of domestic violence. This study of protection orders involves interviews with individuals who obtained such orders in Arizona. The research questions specifically addressed those variables known as the stake in conformity variables in the six attempted replications of the Sherman–Berk Minneapolis Police Study, to examine their potential relevance for the effectiveness of victim protection orders. The findings of this study are analyzed in terms of other research about the effectiveness of victim protection orders.     

MCMI Results for Batterers: A Response to Gondolf

Gondolph [Gondolf, E. W. (1999). J. Fam. Violence 14: 1–17] recently published MCMI-III results on men in batterer treatment groups that appeared to indicate much lower levels of psychopathology than previous studies. Gondolph concluded from these results that the existence of an abusive personality was debatable. Gondolph is mistaken in drawing conclusions about the abusive personality based solely on MCMI results. The assessment of the abusive personality is not based on this instrument. Also, respondents in Gondolph's study had extremely high Desirability scores on the MCMI-III, so even his estimates of the incidence of personality disorder are questionable. Current assessment of personality disorder has begun to steer away from self-report instruments such as the MCMI-III; this practice should be utilized in assessing batterers.