家庭中的负面因素对未成年子女犯罪的影响与对策

家庭是社会成员社会化的第一场所 ,家庭的结构、教育方式、教养态度、父母的文化和思想道德素质等都对未成年人的健康成长产生很大的影响。家庭环境中的一些不良因素与未成年人犯罪有密切的联系。为预防未成年人犯罪 ,必须提高家长素质 ,注重家庭教育方法 ,改善家庭教育环境。     

诉讼与仲裁的功能比较--兼论仲裁的功能优势

作为一种社会解决纠纷机制来说,诉讼的主要功能仍在于解决纠纷、消除冲突.这对于维护社会秩序是非常必要的.但是,作为一种特殊的纠纷解决方式和社会控制机制,诉讼也不可避免地存在着结构性功能缺陷.与诉讼相比,仲裁的特点在于其程序简便、结案较快、费用开支较少、不具备行政特色、能独立公正和迅速地解决争议,给予当事人充分地自治权;同时具有客观性、灵活性、保密性、终局性和裁决书易于得到执行等优点.这种优势正是各国定位仲裁与诉讼关系的基础.     

论纠纷的可诉性

纠纷的可诉性是实现当事人的裁判请求权的逻辑前提 ,纠纷可诉性的广度反映了裁判请求权的实现程度。目前我国民事诉讼法理论和实务界关于纠纷可诉性的标准或依据及范围的理解限制了裁判请求权实现的空间范围。纠纷可诉性的标准应当为纠纷是平等主体之间的财产关系争议和人身关系争议 ,而并非限于民事法律关系争议。纠纷可诉性的范围包括民法所调整的民事法律关系发生的争议、应受民事法律保护的应有权利受到侵害引发的争议、宪法权利受到私法主体侵害所引发的争议。     

Building the Evidence Base for Intensive Family Preservation Services

This article examines the state of intensive family preservation services (IFPS) research. Using studies of IFPS in five states, this article seeks to establish whether IFPS can be regarded as an evidence-based practice, an increasingly important standard for publicly funded services. While reporting rates of repeat child maltreatment, the analysis uses placement rates as the main outcome measure and compares effect sizes using Cohen's arcsine transformation for data reported as proportions. Significant differences in rates of child out-of-home placement and repeat maltreatment were found in some studies, particularly for higher risk families. The findings also underscore the difficulty of identifying which families to serve (targeting), ensuring treatment fidelity, and employing rigorous and appropriate evaluation methods. Overall, additional research is needed to move IFPS from a promising practice to an evidence-based practice.     

Influence of Family,Agency, and Caseworker Dynamics on Caregivers' Satisfaction With Their Child Protective Services Experience

Numerous child protective services (CPS) agencies have adopted differential responses as a system reform hypothesized to facilitate family engagement. This research tests a conceptual framework developed to examine dynamics between caregiver, agency, and caseworker factors that are assumed to impact caregiver engagement. Data from a randomized control study and structural equation modeling methods were used to explore the influence of these factors on caregiver satisfaction with their CPS experience. The results indicate that receipt of alternative response, caregivers' ratings of their caseworker's interaction style, and caregivers' positive emotional response influenced satisfaction with their intervention experience, while negative emotional responses did not.     

‘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.     

Family strategy of economic inequality among brothers in Korean rural society, 1690–1795

This article examines how inequality among brothers was practised as a family strategy in Korean south-eastern rural society from the end of the seventeenth to the late eighteenth century as a response to local economic changes. The Wolchon area experienced a process of downward levelling in this period. Using the household registers and land registers, the authors reconstituted 58 families with brothers who held land and 406 families who possessed nobi (‘serfs’ or ‘slaves’) for further examination. As a family strategy, most of these families attempted a strategy of unequal inheritance that resulted in maintaining high economic status for only one of the children among all the brothers. This child, in most cases, would be the eldest son, but also could be another son. The degree of inequality among brothers with regard to nobi-holding declined over time. Most families successfully maintained inequality, and through this family status, by efficiently practising the unequal inheritance strategy, while some families failed to keep the same level of inequality by the end of the eighteenth century. The degree of inequality among brothers is intimately connected to family property size. Each family sought its own strategy to suit the actual economic condition of the family. While very wealthy families attempted to give a similar inheritance to all brothers to provide an equal chance to each of them, less wealthy families reduced the survival chances of some children by the concentration of property given to only one child.     

Household composition and family structures of Ukrainian Cossacks in the second half of the eighteenth century

One of the main problems faced by social historians of the Cossack Hetmanate (Cossacks' autonomous territory situated on the Left Bank of the Dnieper River) is a poor knowledge of population issues. This article therefore focuses on the history of the family and households in eighteenth-century Ukraine. Unlike the historiography of Western Europe, where active research in this field started in the 1960s, contemporary Ukrainian historiography includes only a few studies dedicated to these issues. Recently renewed interest in population issues is due to the widening scope of historical research and to changes in the methodological paradigm that started in the twenty-first century. Historical research of the Ukrainian family and population is thus in its infancy and reconsidering these aspects is crucial for a global scholarship.     

Beyond the Thomas–Kilmann Model: Into Extreme Conflict

This article discusses an extension to the Thomas–Kilmann conflict mode instrument (Thomas and Kilmann 1977) designed specifically for conflict situations in which strong negative emotional relationships are at play. The Thomas–Kilmann (TK) model is widely used to help participants (disputants and mediators) identify how two basic conflict characteristics interact to influence how stakeholders shape their actions with regard to their interests. Essentially the TK Model is built on the premise that the two salient conflict variables are the relative importance of the relationships at hand and the substantive issues being discussed. These variables are illustrated with a simple matrix that shows how each party will interact with the other based on the relative importance it places on these variables. Graphically illustrating where the behaviors fall on the matrix can explicate parties' behaviors to add a new perspective that may change the dynamic of the conflict. But the TK Model does not address scenarios in which individuals have very negative or destructive relationships, and sabotage, blocking, and exclusion are behavioral norms. Hence, we developed the Baumoel–Trippe (BT) Extension to the TK Model to address the highly negative and often identity‐based conflicts that are often found in the world of family business. Accordingly, the BT Extension to the TK Model explores conflicts in which the relationships are not merely unimportant or uncooperative, but where they become negative to downright vengeful. There is so much at stake for family business stakeholders that the family relationships may become so adversarial that the very business and family harmony all parties value are at risk. With our extension of the TK Model, we seek to provide insight into how decisions might be made when stakeholders are in highly negative, conflictual relationships.