罗马法上的亲权及其启示

亲权是从罗马法中家父权发展出来的制度,我国的监护制度吸收了罗马法上的亲权制度。我国亲权和监护制度分别由不同法律规定的立法体系,既造成法律体系缺乏系统性,还造成两种制度规范的混同与重复。通过设立亲权制度,可以使父母子女关系规定避免过于简单。将亲权和监护权分开设计,有利于明确父母对子女的权利义务,对父母滥用权利进行约束,从而更好地保护未成年子女的合法权益。应建立和完善我国的亲权制度,从法律制度上把亲权和监护分开。     

Learning at the Edges: Participatory Action Research and Child Maltreatment in Post‐War Guatemala

This article focuses on the effect of Participatory Action Research (PAR) on changing parents’ disciplinary practices and galvanising community organisation in Guatemala City. The article analyses PAR with reference to Carr and Kemmis’s threefold typology. The project involved a transition from a technical model, in which participant actors investigate a subject proposed by the lead researcher, through a practical stage, in which participants and lead researcher interact on an equal basis, to participant‐led action that has a critical intent.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

CONCEPTUALIZING VISITATION RESISTANCE AND REFUSAL IN THE CONTEXT OF PARENTAL CONFLICT,SEPARATION, AND DIVORCE

A child's visitation resistance and refusal (VRR) in the context of parental separation, divorce, and post‐divorce litigation must not prematurely be interpreted as evidence of alienation, a conclusion which can be as detrimental to the family system as it is ill founded. The present article proposes a child‐centered, developmentally informed heuristic with which forensic evaluators might begin to more uniformly approach the potential causes of and remedies for VRR. An attachment‐based, step‐wise decision tree is described together with an overview of the remedies presently believed most appropriate to each. Recommendations for empirical study of the multiple convergent dynamics which determine VRR and establishment of corresponding interventions follow.     

SENSITIZING PARENT EDUCATION PROGRAMS TO DOMESTIC VIOLENCE CONCERNS: The Perspective of the New York State Parent Education Advisory Board

Education programs for divorcing and separating parents are a valuable vehicle for providing to parents the awareness, knowledge, and skills that can lead to a smoother transition and healthier outcomes for their children. Attention to safety concerns in referral guidelines, administrative protocols, and curriculum content is integral to the efficacious and responsible delivery of parent education. This article examines the recent experience of New York State in developing guidelines for safety and quality assurance in parent education programs.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

NECESSARY MEASURES AND LOGISTICS TO MAXIMIZE THE SAFETY OF VICTIMS OF DOMESTIC VIOLENCE ATTENDING PARENT EDUCATION PROGRAMS

This article suggests measures that should be taken to ensure, as much as possible, the safety of victims of domestic violence. Because victims and perpetrators of domestic violence will inevitably be attendees at parent education programs, such programs must be sensitive to the safety concerns of these victims. Only when victims of domestic violence are safe will their children be safe and able to benefit from what their parents learn at these education programs. This article concludes that, by weaving common-sense logistical, administrative, and curricular recommendations into the fabric of every parent education program, the safety of victims and children will be prioritized as it must be, while all attendees still receive the maximum benefit from these valuable programs.     

Child–Parent Violence: An Empirical Analysis of Offender, Victim, and Event Characteristics in a National Sample of Reported Incidents

Child–parent violence (CPV) is arguably the most under-researched form of family violence, despite an extremely high rate of occurrence and increasing prevalence. Prior research has been plagued by shortcomings including, but not limited to, a reliance on small clinical samples, age parameter restrictions, antiquated data, undefined parental relationships, and conflicting findings across studies. The current research examined a large cross-national sample of reported offenders (n = 17,957), collected as part of the 2002 National Incident Based Reporting System (NIBRS). Extrapolated from past literature, victim and offender demographics and incident characteristics are analyzed using chi-square tests and logistic regression to establish baseline findings from a more comprehensive sample of data than previously existed. Aggregate results suggest, in part, that white biological mothers older than 40 years of age are most likely to be victimized by their male children 14–17 years of age. Further, a majority of assaults involve personal weapons and tend to result in minor injury or no injury with very few offenders under the influence of alcohol or drugs. This work both corroborates and contrasts past finding of CPV research providing new insights into this complex crime and the baseline data needed to inform theory and test hypotheses.

Parent and child reports of animal cruelty and their correlations with parent and child reports of child delinquency

ABSTRACT

The purpose of this study was to determine whether child and parent reports of animal cruelty in children correlated with child- and parent-reported delinquency in these same children. A group of 3397 children (1778 boys and 1619 girls; age?=?9 years) from the Fragile Families and Child Wellbeing sample [FFCW: Reichman, Teitler, Garfinkel, & McLanahan (2001). Fragile families: Sample and design. Children & Youth Services Review, 23, 303–326] served as participants in this study. The prevalence of animal cruelty as reported by the child (4.7%) and parent (3.0%) were both low and the zero-order correlation between the two estimates was non-significant, suggesting that they were measuring different constructs. A two-equation multiple regression analysis was conducted, controlling for child gender, domestic violence within the home, mother hitting/spanking, and father hitting/spanking. Findings indicated that parent-reported animal cruelty correlated significantly with child-reported delinquency, controlling for child reports of animal cruelty and the four control variables. Child-reported animal cruelty, however, failed to correlate with parent-reported delinquency, controlling for parental reports of animal cruelty and the four control variables. These results suggest that parental reports of animal cruelty may be more useful as indicators of delinquent involvement than child reports. Possible reasons for these findings are discussed.     

MANDATORY VISITATION

The term visitation rights connotes that noncutodial parents have the discretion, not the responsibility, to visit their children. This article examines the assertion that visitation rights should instead be viewed as an obligation owed by noncustodial parents to their children. Excluding circumstances in which visitation would be injurious to a child, the expectation of visitation should be enforced by the courts.