司法的功能与反家庭暴力立法——以家庭暴力的司法介入为视角

家庭暴力是发生在家庭成员间的一种违反法律与善良风俗的暴力行为,已成为一个全球性的社会“癌症”。推动家庭暴力防治专门立法、发挥司法资源的功用、全面保护家庭暴力受害者的合法权益成为当务之急。文章根据我国反家庭暴力立法和司法实践的状况,指出我国司法介入家庭暴力的现实路径。     

The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.     

Creating an Extrafamilial Living Environment

Abstract

As human actors, the staff members and children who inhabit a residential center do not just react to their physical and social environment. In many ways they can be said to enact or create it.     

Guidelines in Child and Youth Care Family Work

SUMMARY

There are many paths that can be taken with the families we encounter in our work. It is this richness in options that can make the child and youth care approach so powerful. However, amongst each potential path there are a number of common guideposts that serve as markers for our interactions with families. These guiding principles are described through the use of examples from a family in a program for teens who are parenting.     

国家、企业、职工之间关系的社会转向--家族企业职工参与的案例研究

这是一项家族企业职工参与的案例研究.在案例企业,职工参与的内容具有传统阶级矛盾的性质,形式却是从国有企业移植的.这种"非同步"现象,产生的是良性的社会后果.这是国家、企业、职工之间关系的社会转向.对这种现象的描述和解释,以往适用的理论已经不可能适用,而社会功能的理论、资本社会转向的理论却是适用的.     

Who's the Boss? Patterns of Perceived Control in Adolescents' Friendships

This study examined the nature and correlates of different patterns of perceived control in adolescents' relationships with their best friends. Participants included firstborn adolescents (M = 14.94 years), their younger siblings (M = 12.44 years) and both their mothers and fathers in 163 families as well as a best friend of each adolescent (M = 15 years). Data were collected from family members during home visits regarding adolescents' family relationships, friendships, and psychosocial adjustment; time use data were gathered during a series of 7 nightly phone interviews. Information was obtained from best friends during a brief phone interview. We developed a typology of 3 different patterns of perceived friendship control based on the combination of adolescents' and their best friends' ratings of relational control. Patterns of control in adolescents' friendships were associated with the distribution of control in both parents' marriages and adolescents' sibling relationships. Further analyses, designed to test developmental predictions, revealed connections between friendship control and other qualities of adolescents' friendships (i.e., intimacy, conflict, perspective-taking).     

Doing Well vs. Feeling Well: Understanding Family Dynamics and the Psychological Adjustment of Chinese Immigrant Adolescents

Despite their average high levels of educational achievement, Asian American students often report poor psychological and social adjustment, suggesting an achievement/adjustment paradox. Yet, the reasons for this paradox remain unclear. Drawing on 5-year longitudinal qualitative interview data, this paper compares the family dynamics of two groups of adolescents from Chinese immigrant families: non-distressed adolescents (n = 20) who have high levels of academic achievement and high levels of psychological well-being; and distressed adolescents (n = 18) who have high levels of academic achievement but low levels of psychological well-being. Findings suggest that the two groups of families differed in parenting approaches after migration, parent–child communication, parental expectations, and parent–child relations. Implications for Asian American adolescent and youth development are discussed.

Partisan effects in morality policy making

Current comparative policy research gives no clear answer to the question of whether partisan politics in general or the partisan composition of governments in particular matter for different morality policy outputs across countries and over time. This article addresses this desideratum by employing a new encompassing dataset that captures the regulatory permissiveness in six morality policies that are homosexuality, same‐sex partnership, prostitution, pornography, abortion and euthanasia in 16 European countries over five decades from 1960 to 2010. Given the prevalent scepticism about a role for political parties for morality policies in existing research, this is a ‘hard’ test case for the ‘parties do matter’ argument. Starting from the basic theoretical assumption that different party families, if represented in national governments to varying degrees, ought to leave differing imprints on morality policy making, this research demonstrates that parties matter when accounting for the variation in morality policy outputs. This general statement needs to be qualified in three important ways. First, the nature of morality policy implies that party positions or preferences cannot be fully understood by merely focusing on one single cleavage alone. Instead, morality policy is located at the interface of different cleavages, including not only left‐right and secular‐religious dimensions, but also the conflicts between materialism and postmaterialism, green‐alternative‐libertarian and traditional‐authoritarian‐nationalist (GAL‐TAN) parties, and integration and demarcation. Second, it is argued in this article that the relevance of different cleavages for morality issues varies over time. Third, partisan effects can be found only if individual cabinets, rather than country‐years, are used as the unit of analysis in the research design. In particular, party families that tend to prioritise individual freedom over collective interests (i.e., left and liberal parties) are associated with significantly more liberal morality policies than party families that stress societal values and order (i.e., conservative/right and religious parties). While the latter are unlikely to overturn previous moves towards permissiveness, these results suggest that they might preserve the status quo at least. Curiously, no systematic effects of green parties are found, which may be because they have been represented in European governments at later periods when morality policy outputs were already quite permissive.     

台湾外省第二代家族书写研究

近年,台湾的认同问题越发引起关注。面对父辈的衰弱与消亡,外省第二代作家张大春、骆以军、陈玉慧等纷纷介入家族小说的创作,企图以文字为"我族"保存记忆与建构认同。他们有着相似的关怀与焦虑,但外省族群内部并非铁板一块。本文旨在厘清外省第二代作家近期小说中的家国想象与族群建构,同时论述空间地景与文化记忆所彰显的多音交叠的差异性认同取向。