“妻子偷提丈夫存款”案引发的思考

学界多关注于离婚时夫妻的财产分割问题,而忽略了对夫妻在日常生活中如何管理、使用共同财产问题的研究.可是,相对于离婚的暂时而言,夫妻的共同生活却是漫长的.因此,如果对夫妻如何在日常生活中行使管理使用共同财产问题解决不妥会引发大量的纠纷,危及夫妻感情和社会的稳定.笔者通过对该案例的分析,认为夫妻对共同财产享有平等处分权只是一项法律制度,在具体适用时必须要综合考虑其他的法律制度和法律原则,并要受具体法律规范的约束.为了妥善解决因平等处分权引起的问题,应该引进家事代理制度.     

＂攘外必先安内＂政策辨析

＂攘外必先安内＂政策有许多需要再认识之处.它的提出绝不仅仅为了剿共,而有其特定的多重原因;安内的对象不惟中共及其军队,是变化的、多样的;它非蒋介石一人之主张,而是得到国民党和社会一定程度的认同;其反动性应看是否反人民、是否损害国家利益,而不宜以是否反共论.     

保姆行业的现状、发展方向及其立法思考

当今,随着社会结构、家庭结构的转型及生活节奏的加快,保姆越来越成为许多城市家庭的必须。家庭服务业发展的整体滞后使得家庭服务面临诸多危机,保姆行业自然不能例外。透析保姆行业的现状,可以发现保姆行业的出路在于保姆行业的产业化。要从根本上解决问题,必须借助立法促成保姆行业的产业化。     

Changing Stalking Patterns and Prosecutorial Decisions: Bridging the Present to the Future

This article reviews sixty cases from prosecutor's files in two New Jersey counties. These cases are used to examine and help better define the phenomena of stalking. Selected sample case examples are presented and described in regard to the typology of stalking behavior originally proposed by Dziegielewski and Roberts (1995). Based on these cases, application, modification and refinement of the typology criteria are suggested. The critical need for crisis intervention protocols and specialized anti-stalking units and training are emphasized. It is hoped that this information will help the criminal justice and forensic professional to better understand, assess the dangerousness of, and intervene rapidly and effectively in the phenomena of stalking, and to provide technology to protect victims.     

中国北方部分城市人工流产妇女家庭暴力相关因素初探

作者采用结构式调查问卷方法,于2001年11月至2002年1月在天津、辽宁、河南及陕西地区对1215名自愿要求人工流产的城市妇女进行调查,分析了中国北方部分城市人工流产妇女中家庭暴力发生的相关因素。结果发现,274名调查对象在本次妊娠前或后曾遭受过亲密伴侣的家庭暴力(包括性暴力、躯体暴力和心理暴力),家庭暴力发生率为22.6%。家庭暴力的发生与年龄、教育程度、职业、经济收入均无关联。家庭暴力并非只发生于特定的人群,而是一个普遍存在的社会问题,人流妇女有与暴力有关的生活经历以及与男方关系不良,易增加暴力发生的风险。     

家庭暴力的法律规制——以警察的介入为视角

2001年修订后的婚姻法增设了禁止家庭暴力的规定,并就如何反对、制止家庭暴力进行了明确规范。婚姻家庭属于私人生活领域,必须基于受害人的请求,警察才能介入家庭暴力;也必须在受害人的请求下,公安机关才可依照有关规定对加害人予以处罚。     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

Lifetime Abuse, Mental Health, and African American Women

This study examined the relationship between lifetime abuse and mental health among 126 African American women and 365 White women from a primary health care setting who participated in a telephone interview as part of a larger study. Seven types of childhood and adult intimate partner abuse were measured. Consistent with hypotheses, (1) lifetime abuse was associated with elevated levels of anxiety and depression, and (2) women who experienced childhood abuse were more likely to report adult partner abuse. African American and White women showed more similarities than differences in the associations between most abuse experiences and depression and anxiety, as well as types of childhood abuse. African American abused women reported more excessive jealousy by partners. Nonabused African American women reported higher levels of depression and anxiety than their White counterparts. Results are interpreted and discussed taking into account relevant social and cultural factors.     

‘As if she was my own child’: cohabitation,community, and the English criminal courts, 1855–1900

This essay uses evidence from 217 violence cases between cohabiting couples to investigate the reaction of neighbors to irregular relationships. Ostracism was rare as long as the couples did not flaunt their status, for a number of reasons. First, working-class families lived in tenements and row housing that promoted cooperation for survival. Second, women preferred to live near their kin, and families were less disapproving, as they knew the reason for the cohabitation. Third, neighbors often stepped in to fulfill familial roles if kin were absent, encouraging both sisterly and motherly bonds in particular. Fourth, both men and women intervened, though in different ways. Men's participation was especially facilitated by their use of public houses, which was a liminal space that permitted freer discussion of men's personal lives. Fourth, neighborhood values delineated the ‘blame’ for problem families carefully; both men and women could face disapproval for flouting gender norms. Overall, neighbors parsed the reasons for cohabitation, the harm done by the couple to others, and whether the couple was disruptive in other ways before accepting or rejecting cohabitants in their midst. Indeed, drunkenness and violence was more of a problem than sexual nonconformity in most of these cases.