反家庭暴力中人身保护的令状思考

家庭暴力已成为一个全球性的社会问题,得到了国际与国内的高度关注。在国内司法实践中,审判机关为了使家庭暴力受害者免遭再度暴力侵害,频频发出人身保护令,一定程度上保护了家庭暴力受害人的人身权益。然而,由于传统观念的束缚、法律法规的空白等原因,使得人身保护令在实践中遭遇了诸多尴尬。因此,制定专门的《反家庭暴力法》,确立人身保护令制度;加强司法执法人员反家暴案件的培训与指导,可以很好地解决目前的困惑。     

An Integrated Theoretical Model of Sibling Violence and Abuse

Drawing on three theoretical perspectives (feminist, conflict, and social learning), an integrated analytical model of adolescence sibling violence and abuse is proposed. The model suggests that certain characteristics of the parents' relationship, various aspects of parent–child relations, and characteristics of the sibling relationship are major components in explaining sibling violence and abuse. These are mediated by individual sibling characteristics and sibling verbal conflict. The model should enable researchers to systematically examine, in a more holistic way, the factors related to violence and abuse, and to assess their relative importance in accounting for these phenomena.     

对家庭暴力特点、表现、对策的探讨

家庭暴力在中国是一个重大社会问题。家庭中的暴力得不到及时有效地制止和处理,就会造成夫妻感情破裂,家庭解体,子女身心受到重大伤害,甚至导致伤害和杀人等刑事犯罪。产生家庭暴力既有历史的原因,又有现实的原因;治理家庭暴力既涉及法律、政策问题,又有具体操作上的问题。加强道德教育,注重对家庭矛盾的调解,建立完善的社会支持系统和求救系统,进一步完善现行立法,强化承担民事责任,严惩家庭暴力犯罪行为,是减少和制止家庭暴力的主要对策。     

QUESTIONS ABOUT FAMILY COURT DOMESTIC VIOLENCE SCREENING AND ASSESSMENT

Increasingly, family courts are seeking ways to focus limited resources on cases that require the most intervention, tailor court responses and dispute methods to each case, and account for the real differences among domestic violence cases. One of the means to that end may be the triaging or screening of cases. This article raises a number of questions about screening and urges that they be addressed by courts and communities that are considering whether and how to design a screening protocol. Issues include: How should we define domestic violence for the purposes of screening? Who should carry out the screening? How can we maximize the likelihood that we will fully assess the context of the violence in each case? How should we assess the risks or dangers inherent in the parties’ situation? How should a screening effort account for changing circumstances as a case proceeds through the courts? How can information gathered in a screening effort improperly impact subsequent decisions of the court?     

Responses to Gender Inequality in the Division of Family Work: The Status Quo Effect

This study addresses responses to gender inequality in the division of family work as well as the outcomes of those responses. Ninety-eight husbands and 95 wives responded to stimulus information manipulated by means of scenarios. Participants reported more wife-demand/husband-withdraw interaction than husband-demand/wife-withdraw interaction when the wife was discontent with her spouse's contribution to family work, but the demand/withdraw interaction patterns were reported equally when the husband was discontent. The data showed support for the Status Quo Effect Hypothesis: The likelihood that the spouse's contribution to family work remained unchanged (i.e., status quo maintenance) was rated higher than the likelihood that the spouse would increase his/her contribution to family work. In line with this, when the wife was discontent, wife-demand/husband-withdraw interaction was negatively related to the likelihood that the spouse would do more family work. Finally, participants reported a greater likelihood for discontent spouses than for content spouses to increase their own contribution, but discontent husbands were more likely to do so than discontent wives.     

农村留守妻子家庭地位的性别考察

农村中“男工女耕”的分工模式、“丈夫外出,妻子留守”已是普遍现象,这种新的分工模式是否提高与改善了农村妇女的家庭地位,是值得我们关注的。经过考察、分析发现,这一新的分工模式并没有从根上改善农村妇女的家庭地位,而只是再现了性别不平等关系。因此,我们应对如何提高留守妻子这一群体的家庭地位提出相应的对策。     

Women in the Czech Republic: Feminism, Czech Style

Many years after the Velvet Revolution, feminism remains close to a dirty word in the Czech Republic, even among women who share the views of Western feminists. Surprisingly, this may in part hark back to the negative views of bourgeois feminism propounded by the Communists. Equally surprising is the very high proportion of women who are employed, almost all of them full-time, although they continue to do the lion's share of homemaking. This strategy enables Czech women to have a high sense of personal efficacy and independence. This paper emphasizes the historical roots of women's position in Czech society, and the importance of the cultural and social context for the emergence of what we term Feminism, Czech Style.     

The Effects of a Police/Victim Assistance Crisis Team Approach to Domestic Violence

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.     

The Impact of Immigration on the Internal Processes and Developmental Tasks of Emerging Adulthood

This study examines the experience of emerging adult immigrants, a group simultaneously attempting to navigate the developmental period of exploration and experimentation of emerging adulthood, together with the need for re-organization of the self, following immigration. In this study, in-depth interviews were conducted, with 41 emerging adult immigrants from the former Soviet Union in Israel and 42 non-immigrant Israeli emerging adults (all in the age group 21–25), on the subjects of sense of self, family relations, and age-appropriate tasks of emerging adulthood. Results showed that while immigrant emerging adults had a more disorganized sense of self, they also showed higher levels of both autonomy and relatedness in the relationship with their parents. Immigrant emerging adults had fewer social networks, yet more intimate relationships. Emerging adult immigrants' story was one of “relatedness” where level of self-organization was related to closeness, caring, and identification with parents, and closeness in both social and intimate relationships. In contrast, the non-immigrant emerging adults told about a process of “autonomy seeking” where a consolidated sense of self was related to more independent decision-making, emotional independence, and assertiveness in the relationship with parents. The findings of this study point to the complex and unique process that emerging adult immigrants undergo while coping with developmental tasks in their new environment. Received Ph.D. from Bar Ilan University, Ramat Gan, Israel. Current research interests in emerging adulthood and immigration. Main foci of research are developmental processes and adaptation in adolescence and emerging adulthood. Received Ph.D. from Bar Ilan University, Ramat Gan, Israel. Current research interests concern emerging adulthood and adaptation. Received Ph.D. from Bar Ilan University, Ramat Gan, Israel. Current research interests in emerging adulthood and schizophrenia.     

法官如何对待民间规范？——“顶盆过继案”的法理解读

从法文化的视角看,民间规范具有一定的法律属性。而从法律方法论的视角看,它仅仅具有某种意义上的准法律属性或前法律属性。是否拥有法律属性,尚需法官按照法治的原则和法律方法论的标准来决定。法官必须遵循制定法用尽原则和规则稳定性、体系融贯性、社会一致性等方法论标准,以此来确定是否需要通过司法裁判的方式将某一民间规范纳入到国家法之中。