论儿童作证的价值冲突与选择

就儿童作证而言,一方面诉讼之恶可能会严重侵害儿童的人权;另一方面,探求真实与诉讼公正要求证人必须出庭作证。法律应当在多种价值冲突中选择,达到诉讼价值的最佳平衡,实现诉讼价值的最大化。儿童作证应有特殊的作证、质证方式,有获得特殊保护的权利。     

Now you see it,now you don’t: digital images and the meaning of ‹possession’

The advent of digital technology has had a profound impact on the production and distribution of child pornography. The international trade in such material is a major focus of law enforcement agencies around the world. Central to these efforts is the offence of ‹possession.’ However, concepts of possession in the criminal law evolved in the context of tangible items such as drugs, and their application to intangible data presents significant challenges. Drawing upon the laws of Australia, Canada, England and the United States, this article analyses the concept of criminal possession in a digital context. While courts and legislatures are adapting to these new challenges, in some cases it is argued that the offence of possession is being stretched too far. It is suggested that some of these difficulties may be avoided by utilising an offence of ‹accessing’ child pornography. Senior Lecturer, Faculty of Law, Monash University. I am grateful to Dr. Dale Smith for his helpful comments on an earlier draft of this article.     

A COMMENT ON WILLIAM J. HOWE AND HUGH MCISAAC'S ARTICLE “FINDING THE BALANCE” PUBLISHED IN THE JANUARY 2008 ISSUE OF FAMILY COURT REVIEW

This article is a response to an article written by William Howe and Hugh McIsaac that questions their recommendations that court‐based mediation not be used when certain types of persons appear in court. We assert that it will be very difficult for the court to identify these people. Further, we argue that mediation practice has advanced so far that even these persons (those with serious issues of domestic violence, substance abuse, and mental health) should be given an opportunity to participate in mediation before being referred to the adversarial court process.     

“一孩半”生育政策的社会性别与社会政策视角分析

文章从社会性别和社会政策视角分析了"一孩半"生育政策出台的背景、目的、带来的问题和解决问题的途径。该政策在中国一半以上的人群中推行,对人们的生育观念和生育行为产生了巨大影响。由于政策与生俱来的性别"短视",也由于该政策与其他相关社会政策的不协调、政策执行过程中的偏误以及配套措施的不完善等缘故,"一孩半"生育政策在某种程度上直接和间接地与出生性别比的失衡相关。在传统的性别观念依旧强烈的广大农村地区,在人们尚不能平等对待男性和女性胎儿的情况下,在社会政策之间的协调性并不充分的前提下,推行"一孩半"生育政策姑息、纵容、甚至在一定程度上强化了人们的性别偏好。解决这一问题应该从梳理、协调、配套相关政策出发,通过对生育政策的改革以及社会性别的宣传教育,进一步完善政策,从而真正达到推行生育政策增进性别平等的初衷。     

农村“留守儿童”违法犯罪成因及对策研究

改革开放以来，我国农村经济、文化有了长足发展，农民物质文化生活得到了很大改善和提高。但是农村“留守儿童’’的安全、教育、情感、心理等一系列问题日益突出，农村青少年犯罪中“留守儿童”占了相当大的比例。应针对农村“留守儿童”违法犯罪的特点、成因，找出预防农村“留守儿童”违法犯罪的对策，以此来减少农村“留守儿童”违法犯罪，并得到社会各方面的关注。     

A CASE FOR REFORM OF THE CHILD WELFARE SYSTEM

There are more than half a million children in our nation's foster care system. While foster care is intended to provide a temporary safe harbor for abused and neglected children, too many of these youth spend years in foster care limbo—experiencing a turbulent life in motion as they move from placement to placement, community to community, and school to school. Youth in foster care commonly fail to receive basic health and psychological care, and nearly 20,000 youth age out of foster care every year to an adult path of homelessness, unemployment, and despair. Our entire community must work together to more responsibly parent these youth. This article will address how lawyers and child advocates can advocate for new approaches and enhanced support on behalf of the voiceless and most vulnerable members of our community. It will address existing hurdles and systemic challenges that have helped to create the current disheartening status quo. The article will then discuss strategies that advocates can employ to turn the corner on behalf of these youth at risk.     

国外儿童情绪发展研究的新进展

近十几年来有关儿童情绪发展的研究表现出一种从相互影响的、人际交往的角度进行研究的趋向。父母作为儿童情绪发展中的支持者和指导者，其影响作用随儿童年龄增长而有所变化；同伴作为彼此的协商者，逐渐形成较为成熟的情绪调节策略、进而形成具有特定情绪规则的群体，他们对诸多情绪事件有着类似的评价。本文围绕亲子交往、同伴交往两种主要社会情境，对国外情绪发展的近期研究进行了回顾和展望。     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

Recruiting Participants for Child Abuse Research: What Does It Take?

Recruiting participants for child abuse research and tracking them over time require extensive efforts and perseverance. This paper documents the results of strategies used in a longitudinal study of child abuse. The study sample consisted of a group of school-age abused children and their mothers and a matched comparison group of nonabused children and their mothers. Consent rates were lower for abusing families than for nonabusing comparison families. Among abusing families, those in the sexual abuse group were more difficult to recruit than those in the physical abuse or neglect groups. Even after obtaining consent, successfully completing interviews required persistence, particularly for the abuse group. Retention over time was highly successful as a result of considerable efforts to maintain contact with respondents. Researchers would benefit from more published accounts of study procedures regarding sample recruitment and maintenance.     

Scale 8 Elevations on the MMPI-2 among Women Survivors of Childhood Sexual Abuse: Evaluating Posttraumatic Stress, Depression, and Dissociation as Predictors

This paper investigated elevations on Scale 8 of the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in women survivors of childhood sexual abuse (CSA) in order to assess whether symptoms of posttraumatic stress disorder, depression, or dissociation account for such elevations. Participants were 73 women seeking outpatient treatment for CSA after-effects at a university-based community mental health center. A stepwise multiple regression analysis was conducted, including measures of commonly reported symptoms in CSA survivors: depression, posttraumatic stress, and dissociation. Regression analyses revealed that the Beck Depression Inventory (BDI) and Dissociative Experiences Scale (DES) accounted for the most variance in Scale 8 scores (59%), with the BDI as the best predictor. The Impact of Event Scale (IES) did not predict Scale 8 scores significantly above that achieved by the model above. Cross-validation results indicated good generalizability. Results suggest that depression and dissociation contribute most to scores on Scale 8. Implications of these findings for the clinical and empirical use of the MMPI-2 with CSA survivors are discussed.