国际海盗罪行的国内法适用

近几年随着亚丁湾索马里海盗的日益猖獗，国际范围内加大了对海盗犯罪的联合打击力度。我国加入了关于打击海盗犯罪的有关国际公约，承担对海盗犯罪进行刑事追究的国际义务。文章探讨如何适用我国刑法追究国际海盗犯罪的问题，认为在我国现行刑法范围内具有追究海盗犯罪承担国际公约义务的充足性，毋需在刑法分则增设海盗罪罪名。     

The Importance of Male Batters’ Attributions in Understanding and Preventing Domestic Violence

The present article reviews the literature regarding the importance of taking into account male batters’ attributions in order to understand and to curtail their violence. Many treatment programs have been devised to stop domestic violence (DV); however, little comparative research exists. Therefore, we are unable to determine which techniques are effective and which are not. We contend that uncovering battering men’s attributions is important in understanding DV, and specifically, that these attributions are the key to curtailing DV. We present a typology of battering men’s attributions. What is common to these attribution styles is the evasion of responsibility for commission of, and for the need to take affirmative action to stop, the violence. These attribution styles have been found to increase battering men’s hostility and stress, their risk for engaging in violent behavior, as well as enabling battering men to continue their violence unchecked. Therefore, attributions are a crucial ingredient in DV and must be addressed directly and intensely in DV treatment programs in order to increase their (as yet limited) effectiveness.     

Racial Differences in Battered Women’s Experiences and Preferences for Treatment from Physicians

The present study evaluated racial differences in battered women’s experiences and preferences for treatment from physicians when seeking help for abuse-related issues. Prior research revealed unexpected findings that African American women rated certain physician behaviors related to victim blaming and expression of sympathy for the male partner less negatively than White women. The present study found that when potential confounders, such as source of care, education level, and income were controlled, racial differences in approval ratings of physician behaviors almost disappeared. Only one physician behavior—blaming the patient for the abuse—differentiated the two groups. However, despite racial differences, both groups rated the behavior negatively. Other findings were that, overall, African American women are more likely than White women to seek abuse-related health care from emergency and urgent care settings and have fewer preferences for the race of their physician provider. Both White and African American women preferred to see a female physician. Implications of these findings for future research are discussed.     

《消除对妇女一切形式歧视公约》在我国的实施及挑战

《消除对妇女一切形式歧视公约》是我国最早签署的由联合国大会通过的核心国际人权公约。1980年7月我国就签署了这一公约,《公约》于一年后的9月对我国正式生效。该公约在我国的生效时长已经超过了30年,对我国妇女保障体制的发展产生了很大的推动作用。但同时,《公约》的国内实施还面临着很多的挑战,这些困难和挑战在联合国妇女权利委员会定期审议的相关文件中可见一斑。     

浅析海外华人商业网络的特性——以国家与地区的视角

本文首先对有关海外华人商业网络的社科文献进行回顾和批判，再从国际政治经济学和比较政治经济学的视角提出假设性框架，以供论证海外华商网络、国内结构及东亚地区三者之间的关系。透过长历史周期观察东亚地区的演变过程，本文发现海外华商网络是基于生产要素的国际流动和地区组合，形成具有东亚地区特性的“社会-市场”联系。最后，本文论述海外华商网络在不同的国内“政治-社会”结构下的变化，以及对东亚地区的重新建构。换言之，海外华商网络被国家、市场与社会的共同力量所塑造时，也重新塑造了地区的发展模式和权力结构。     

国内进程、不对称互动与体系变化——中国、东盟与东亚合作

本文从中国—东盟关系以及东亚体系文化的转变这一问题出发,试图建立一个地区体系文化转型的理论模型。本文提出,推动地区文化转型的过程有两个:一是地区大国的国内进程,尤其是国内观念和规范层面的变化;二是地区大国与地区其他国家的互动,包括互动内容和互动方式。本文假设,国内政治、经济和社会进程的变化导致地区大国在对外交往中与他者的互动方式和互主身份发生变化,其中最为重要的是地区大国与地区制度主导行为体的关系变化,如果大国在上升过程中能够与该行为体进行不对称互动,让其主导互动过程,并使互动的物质和规范收益向其倾斜,就能与之实现相互认同,并进而在此过程中被地区制度社会化,从而推动建设和平与合作的地区体系文化。本文以中国、东盟与东亚合作为案例对假设进行了验证。     

“保护的责任”国内研究述评

2001年12月，干预与国家主权国际委员会向安南提交了名为《保护的责任》的报告，正式推出了“保护的责任”这一概念。国内学者关于保护责任的研究兴趣主要在以下几个方面：保护责任与人道主义干涉的关系、保护责任的理论依据及法理基础、保护责任的规范效力、保护责任的实践、保护责任理论与实施的缺陷与完善、保护责任是否构成禁止使用武力的例外、中国应对保护责任的对策。综观国内相关研究，成果显著，但与国外同期研究相比，也存在着明显的不足。     

Assessing civil society in Putin’s Russia: The plight of women’s crisis centers

The article assesses civil society in Putin’s Russia through the lens of the small social movement working against gender violence. Based on questionnaires distributed to movement organizations in 2008-2009, we find significant retrenchment among the NGO segment of the movement, adding evidence to the claim of Russia’s turn toward authoritarianism. However, this innovative, midlevel analysis--not the typical society-wide surveys nor the small number participant observation--also shows that the women’s crisis center movement has made some in-roads in transforming the state, revealing that some democratic opportunities remain at the local level.     

Recording of offences on police domestic violence call outs

ABSTRACT

Due to new legislation passed in 2011, Finnish police have been legally obligated to record and investigate all assaults, including petty assaults, occurring in close relationships. Referred to as domestic violence (DV), these assaults can be prosecuted even without victim consent. Much like pro- and mandatory arrest policies, this reform was aimed at decreasing victim and police discretion, based on the assumption that recording and preliminary investigation of every DV incident would help prevent further violence. Comparison between police call outs and the number of offences indicate that in reality not every DV incident is recorded. Using Police and Emergency Call Database data merged with 410 police officer survey responses, the current study presents the first empirical results on legal and extra-legal factors associated with recording DV as an offence in Finland. Factors explaining non-recording are discussed based on police officers’ free-text comments, and implications for policy and practice are presented.     

The social dynamics of revictimization and intimate partner violence: an embodied,gendered, institutional and life course perspective

This article offers a qualitative, institutional analysis of the dynamics of revictimization as the accumulation of disadvantages over time and across different institutional contexts, and its multiple gender dimensions. It draws on 37 qualitative interviews with victims of intimate partner violence, detailing the institutional causal pathways to victimization and revictimization over the life course, through the in-depth analysis of one case. Drawing on the vulnerability approach, developed by Martha Albertson Fineman, the analysis demonstrates how victimization and revictimization have been facilitated, tolerated, and even produced by particular institutional contexts, illustrating how the risk of revictimization is not a characteristic of the individual, nor is it destiny. The article contributes to a constructive social science, elucidating how victimization is contingent on social and institutional contexts, and how at several critical points, better institutions and better institutional responses to particular events might have prevented or interrupted the dynamics of accumulating victimization. Focusing on embodied, gendered subjects and the role of institutions in producing as well as remedying inequalities has far-reaching implications for research and prevention of violence. In contrast to a risk-factor approach targeting particular groups and individuals, a vulnerability analysis calls for a responsive state and universal institutional solutions.