对法不容情的批判性解读——以容隐制度与亲属拒证权为视角

通过对中国的容隐制度和西方的亲属拒证权进行考察发现,亲属容隐制度与西方大多数国家所规定的亲属拒证权有着共同的价值基础。虽然这项制度在建国后被当作封建消极的东西予以摒弃,但是在当代中国仍有其存在的合理性,而且具有回归的现实基础,应当在立法中重新设立这一制度。对“法不容情”应作批判性的解读。     

Victim Protection Orders and the Stake in Conformity Thesis

Victim Protection Orders have gained wide use by local courts as one method to protect victims of domestic violence. This study of protection orders involves interviews with individuals who obtained such orders in Arizona. The research questions specifically addressed those variables known as the stake in conformity variables in the six attempted replications of the Sherman–Berk Minneapolis Police Study, to examine their potential relevance for the effectiveness of victim protection orders. The findings of this study are analyzed in terms of other research about the effectiveness of victim protection orders.     

MCMI Results for Batterers: A Response to Gondolf

Gondolph [Gondolf, E. W. (1999). J. Fam. Violence 14: 1–17] recently published MCMI-III results on men in batterer treatment groups that appeared to indicate much lower levels of psychopathology than previous studies. Gondolph concluded from these results that the existence of an abusive personality was debatable. Gondolph is mistaken in drawing conclusions about the abusive personality based solely on MCMI results. The assessment of the abusive personality is not based on this instrument. Also, respondents in Gondolph's study had extremely high Desirability scores on the MCMI-III, so even his estimates of the incidence of personality disorder are questionable. Current assessment of personality disorder has begun to steer away from self-report instruments such as the MCMI-III; this practice should be utilized in assessing batterers.     

Injuries and Health Care Use in Women with Partners in Batterer Intervention Programs

Objective:To characterize injury frequency, injury patterns, and health care seeking behavior in women with intimate partners enrolled in batterer intervention programs. Methods: A standardized telephone interview was conducted on a sample of women with male partners enrolled in batterer intervention programs in four U.S. cities. Information on prior injuries and the utilization of health care services was sought. Results: Four hundred and eighty eight of the 648 women (75.3%) reported a history of prior injury as a result of abuse. Contusions were the most common injury. Of the women reporting contusions, 233 (51.4%) reported contusions as their only injuries. Another 220 women (48.6%) reported other injuries in addition to contusions. In the majority of cases (63.2%) the contusions were to multiple body parts. When the contusion involved only one anatomical region, it was mostly to the face. A total of 192 of the 488 injured women (39.3%) reported ever seeking medical care for injuries caused by their intimate partner. Twenty-three women (4.7% of the injured cohort or 3.5% of the total cohort) reported having ever been hospitalized for injuries sustained from abuse.     

Protective Orders and Domestic Violence: Risk Factors for Re-Abuse

One of the few legal tools for protecting victims of domestic violence is the civil Protection Order (PO). How effective they were in preventing re-abuse was analyzed by examining court and police records from 210 couples in which female victims (or applicants) filed POs against their violent partners. Police records for 2 years prior and two years following the issuance of a PO were reviewed. Results indicated a significant decline in the probability of abuse following a PO. Prior to filing a PO, 68% of the women reported physical violence. After filing, only 23% reported physical violence. Several risk factors were assessed and it was found that very low SES women were more likely to report re-abuse as were African-Americans.     

Perpetrator Personality Effects on Post-Separation Victim Reactions in Abusive Relationships

Previous research has examined the influence of the abusive personality (Dutton, 1994a,b) on relationship dynamics. Men with high scores of abusive personality (borderline personality organization, anger and MCMI8: Negativity) generate more frequent and extreme forms of physical and emotional abuse in intimate relationships. Other lines of research have examined the role of these relationship features in influencing post-separation adjustment in women. The current study combines two data sets; one bearing on the first of these issues, the other on the second issue, in order to connect characteristics of the perpetrator's personality to post separation aspects of victim reaction. Substantial associations are found between abusive personality and relationship dynamics and between the latter and persistent attachment, trauma symptoms, and lowered self esteem in battered women.     

论《国际人权宪章》的应对

《国际人权宪章》由《世界人权宣言》、《经济、社会及文化权利国际公约》、《公民权利和政治权利国际公约》构成 ,体现了人类的共同价值。应对《宣言》的主要方式就是加大宣传力度 ,并且以它为指导完善我国的人权立法和人权司法。应对两个公约则需要 :承认其地位优于国内法 (声明保留的条款除外 ) ,接受其实施机制 ,理清两公约与我国人权体制的差异并且采取立法和司法措施予以弥补。     

扩大内需应坚持投资与消费"双拉动"

针对近年来我国通货紧缩、内需不足、市场低迷的情况，中央把扩大内需、开拓国内市场，确定为我国经济发展的基本立足点和长期战略方针。内需对推动经济稳健增长起决定性作用，投资需求是实现经济稳健增长的重要推动力量，而消费需求是实现经济稳健增长的主要动力。因此，扩大内需应坚持投资与消费的“双拉动”。     

Militarism and Dual-Conflict Capacity

This research note examines how domestic institutions can moderate the relationship between domestic and interstate conflict involvement. Previous work has found that military dictatorships are more likely to become involved in either domestic or international conflicts, compared to party-based autocracies. We argue that the same institutional explanations for why military autocracies are more conflict-prone also make them less capable of successfully carrying out multiple conflicts at the same time. Analyzing interstate and domestic conflict involvement on a sample of dictatorships over the period 1947–2004, we show that military autocracies dealing with internal armed conflict are less likely than their nonmilitary counterparts to become involved in an international conflict.     

Study in blue: trauma,affect, event

As contemporary student activists in the United States embrace a vocabulary of trauma and microaggressions, some critics on the left consider this a depoliticizing move symptomatic of the university’s growing thralldom to neoliberalism. The author argues that such criticism neglects how talk of trauma and microaggressions attempts to affectively manage structural violence’s failure to manifest in the form of discrete, identifiable, and extraordinary events. To illustrate this, she turns to the poetry of Claudia Rankine and the performance art of Emma Sulkowicz as aesthetic treatments of racial microaggression and sexual trauma, respectively. Rankine’s and Sulkowicz’s works belong to an emergent genre the author calls the coincidence report, in which subjects with no proof of structural violence except for their own feelings must cope with what happens when an event doesn’t. Ultimately, both artists sideline attempts to reconstruct the event in favor of redistributing specific affects throughout their respective publics. In both cases, these affects are blue – that is, depressive (Rankine) and obscene (Sulkowicz). Subjects in the blue find themselves ambivalently attached to living politically in the shadow of an event even as they detach from the fantasy that political life is less disappointing, depressing, or deflating than it actually is.