“人肉搜索”刑事规制正当性思考

已经过去的2008年是中国法治史上不平凡的一年,也是网络文化急剧发展的一年,＂人肉搜索＂引擎响彻中国。而全国人大代表要求＂人肉搜索＂入刑化的呼声也惊醒了国人,人们开始对＂人肉搜索＂现象进行反思,以确保其健康、平稳地发展。     

Educational challenges after year 2007 post election violence in Kenya

This paper sorts to examine the effects of post election violence on education in Kenya, after the presidential election results were disputed over by the two main presidential candidates. The rationale of the paper is due to the fact that among many other aspects of society that were affected in such a case is education. All levels of education were affected, and particularly primary and secondary education could not proceed on schedule as had earlier been planned. Other issues raised in this paper include the trauma experienced by students, loss of parents and guardians among others. The objectives of this paper therefore include： （1） To determine the effects of political violence on the education system in Kenya; （2） To establish the challenges facing students in Kenya after the post election violence; （3） To analyze individual attitudes of students towards the role of education in promoting national unity; （4） To determine how to re-imagine the role of education in promoting peace and peaceful coexistence in Kenya.     

SCOPE AND CONCEPTUAL ISSUES IN TESTING THE RACE–CRIME INVARIANCE THESIS: BLACK,WHITE, AND HISPANIC COMPARISONS*

Our goal in this article is to contribute conceptually and empirically to assessments of the racial invariance hypothesis, which posits that structural disadvantage predicts violent crime in the same way for all racial and ethnic groups. Conceptually, we elucidate the scope of the racial invariance hypothesis and clarify the criteria used for evaluating it. Empirically, we use 1999–2001 averaged arrest data from California and New York to extend analyses of the invariance hypothesis within the context of the scope and definitional issues raised in our conceptual framing—most notably by including Hispanic comparisons with Blacks and Whites, by examining the invariance assumption for homicide as well as the violent crime index, by using discrete as well as composite disadvantage measures, and by using census place localities as the study unit. The mixed findings we report from our comparisons (across Whites, Blacks, and Hispanics; offense types; and type of disadvantage) suggest caution and uncertainty about the notion that structural sources of violence affect racial/ethnic groups in uniform ways. We conclude that the hypothesis should be regarded as provisional, and its scope remains to be established as to whether it applies only under narrow conditions or is a principle of general applicability.     

A NATIONWIDE SURVEY OF MANDATORY PARENT EDUCATION*

In an effort to take positive steps toward coping with problems for families and children created by high levels of separation and divorce, ever increasing civil caseloads and the exposure of children to interparental conflict, court‐affiliated educational programs have emerged in the United States for parents separating from their spouse or partner or going through a divorce. This article will provide an overview of the creation of such programs and their development, which includes a discussion regarding the numerous states currently mandating parents to attend. It will summarize some of the research which has been conducted as to the efficacy of the programs and will provide the results of our nationwide research for each state's parent education status. There is a discussion of domestic violence issues and sensitivities in the context of parent education programs and possible future directions for mandatory parent education.     

Co-Occurrence of Interparental Violence and Child Physical Abuse and It’s Effect on the Adolescents’ Behavior

This study analyzed the impact of the co-occurrence of parental and interparental violence on the behavior of adolescents. Results reveal that the co-occurrence of interparental violence and child physical abuse has a significantly greater negative impact on behavior than does exposure to interparental violence only. Moreover, participants, who are both abused and exposed to interparental violence, exhibit internalized and externalized symptoms falling within the clinical range more frequently. Exposure exclusively to interparental violence also has definite impact; for example, teens who are only exposed to interparental violence exhibit internalized and externalized symptoms more frequently than do those who have been neither subject to physical abuse from a parent nor exposed to interparental violence. Implications of the findings are discussed.     

警察介入家庭暴力法律制度之完善

家庭暴力法律规制，不仅涉及公权和私权的平衡、法律规制的方式方法，而且还关涉介入主体的安排和权限等。我国反家庭暴力在法制上存在明显的缺失与不足。通过对当前法律体系的反思，提出了一系列完善我国警察介入家庭暴力的法律制度构想。     

Beliefs about Wife Beating among Medical Students from Turkey

The paper presents a study conducted among 173 Turkish medical students, which examined their beliefs about wife beating through a self-administered questionnaire. An integrative conceptual framework was tested as the basis for explaining the students’ beliefs. The results revealed that between 4.5 and 38.7% of the participants justified wife beating, between 3.5 and 5.3% of them tended to believe that battered women benefit from beating, and between 4.7 and 28.5% of them tended to believe that battered women are responsible for their beating. In addition, between 68.4 and 90.6% of the students expressed willingness to help battered women, and although nearly half of them perceived the violent husbands as responsible for their behavior, only about one-quarter of them supported punishing violent husbands. The results also indicate that significant amounts of the variance in students’ beliefs about wife beating can be attributed to their patriarchal ideology toward family life and to their exposure to family violence during childhood and adolescence. The paper concludes with a discussion of the implications of the results for future research, theory development, and training of medical students. Both authors contributed equally to this paper. The order of the names does not indicate seniority of either author.     

Insecure Attachment Mediates Effects of Partners’ Emotional Abuse and Violence on Women’s Relationship Quality

Men’s emotional abuse and violence have a broad and pervasive impact on women that may include long-term effects on women’s attachment and relationship quality. In this longitudinal study, women’s Wave 6 ratings of their insecure attachment were hypothesized to mediate the relationship between partners’ Wave 5 abuse (emotional and physical) and Wave 6 relationship quality, with differences in associations by women’s Wave 5 self-classification as secure or insecure. Mediation was tested with data from a sample of 574 African American, Euro-American, and Mexican American community women who had completed at least three waves of a six wave study. Differences occurred in the final structural equation models by women’s Wave 5 attachment style, with direct paths from emotional abuse to insecure attachment and from violence to relationship quality for both groups, but direct effects of violence on relationship quality only for insecurely attached women.     

Examining Factors Co-Existing with Interpersonal Violence in Lesbian Relationships

Interpersonal violence within lesbian relationships is a significant yet understudied problem. Women attending a gay pride festival in Atlanta, GA, were asked to complete a survey concerning same-sex interpersonal violence. Women who reported being in a current or previous same-sex partner relationship were included in the analyses (N = 226). Factors that occurred in the context of interpersonal violence were investigated: substance use, HIV/STI risk behaviors, barriers to reporting abuse, and attitudes inhibiting seeking of social support. In addition, the survey assessed relationship-related power dynamics. Results of multivariate analyses support the hypotheses that power imbalance and inequality when making sex-related decisions within women’s same-sex relationships are associated with interpersonal violence. Further findings suggested that a combination of factors must be considered when dealing with and reducing the risk for violence in same-sex relationships.