论代孕母的合法化基础

代孕母自出现以来因其有效的社会功能得到快速发展,同时因其衍生过多的法律伦理问题而在各国遭到不同程度的限制,有的则予以全面禁止.我国也是禁止代孕母的国家之一.禁止代孕是否符合法理精神?立足于代孕母合法化的国际潮流,从法对人的基本权利的限制、无伤害不禁止原则、正义原则及维护人的追求幸福权和家庭权几个方面深入论证了代孕母合法化的法学基础.     

论反家庭暴力行为中的警察职能

警察介入家庭暴力行为时的关键职能在于防止家庭暴力行为演变为犯罪行为。具体有以下几点:制止正在发生的家庭暴力行为;教育家庭暴力中的施暴者;帮助家庭暴力中的受害人;执行法院的判决和裁定;向立法机关提出立法建议。在对制止家庭暴力行为过程中警察权力的立法要立足我国的国情,不能盲目求快、求多,要在严格执行现有法律的前提下,再进行必要的专门立法。     

唐代家庭财产的法律继承和遗嘱继承

隋代以来的“析籍”政策将大家族、大家庭解体为家庭、小家庭 ,随之而来的是大范围的分家析产。唐代初期 ,为了确保国家的赋役 ,防止百姓借“合户”“析户”逃避纳赋服役 ,唐王朝先后制订了与解决这些问题有关的分家析产政策 ,终于催生了一套以《户令》为中心、实际可行的分家及家产继承法令 ,这是中国历史上第一部成熟的相关法令。同时 ,这些政策、法令的施行 ,又为家产的遗嘱继承提供了可能 ,家产预分开始得到人们的重视。家产的遗嘱继承 ,既依照分家及家产继承法令 ,也突出了家长对财产的处分权和子孙的析产愿望。至唐代中晚期 ,以遗嘱继承为主要形式的家产预分 ,成为分家析产的重要方式。     

论将"受虐妇女综合症"作为正当防卫的可采证据

“受虐妇女综合症”原本是社会心理学概念 ,用以证明在不具备传统意义正当防卫的条件下 ,受虐妇女反击行为的合理性 ;英美等国家将此理论作为正当防卫的可采证据 ;我国借鉴外国司法实践具有一定的现实意义。     

Family caregivers and decision-making for older people with dementia

This article addresses the dilemmas concerning legislation, individual autonomy and the reality of everyday life for people coping with dementia. We describe and analyse decision-making in relation to older people with dementia in Sweden, within the area of social work regulated by the Social Services Act and the Parental Act. Swedish legislation is based on the individual’s autonomy and capacity to consent to services without anyone having legal authority to decide on behalf of the individual. Based on data from interviews with family caregivers living at home, decision-making through family caregivers is discussed and formal guardianship is also considered. Swedish legislation leaves individuals with dementia and family caregivers in a vacuum between self-determination and full autonomy with the ideal of citizenship emphasised and recognised in the Social Services Act on the one hand, and on the other, a strong need for support in everyday life and with decision-making.     

Histories of constrained compassion: the idealised refugee family and the Australian nation, 1947–1975

Abstract

By way of introduction to this special issue, I examine the idealised family as a technology of Australia’s white nation-building project in a period of growing internationalism. I place the articles in this context, highlighting their contributions to a history of compassion propelled by Australia’s emerging sense of itself as a global citizen and constrained by a nationalist agenda defined by economic and social aims and informed by a history of racial anxiety. Racialised and gendered productions of the family have been deployed by the Australian nation to embrace, regulate and reject refugees in the period since 1947. This special issue contributes to historicising these techniques and their effects, which remain with us in reconfigured forms in the present.     

Settlement of refugee women and children following the Second World War: challenges to the family

Abstract

Following the Second World War, refugees that were displaced as a result of conflict became a global concern. Many of these displaced persons were resettled under the auspices of the International Refugee Organization. Large numbers of European displaced persons settled in Australia, with significant numbers living in Queensland. The wartime and migration experiences of refugees have the potential to influence settlement experiences, and for displaced persons who settled in Queensland, these prior experiences continued to resonate within the family throughout the settlement process. Many refugee children became separated from their families, and while some were reunited, the process was lengthy and not without its difficulties. The effect of separation and loss experienced by these families dominated the post-war experience. It presented challenges to mothers, children and families as they negotiated the uncertainty of displacement and the potential for resettlement, and affected their approaches to separation and reunification. The separation and reunification of children and families played a significant role in the settlement process, influencing interactions with Australian organisations and the development of familial and social network connections during settlement. The legacy of conflict and separation continued to resonate within families and influenced perspectives of the ongoing settlement process for child refugees.     

Alexander and Anastayzia: the separation and search for family among Europe’s displaced

Abstract

In 1949, the child search branch of the International Tracing Service, set up after the war by the Red Cross and the Allies, began a search for the mother of a four year old boy, born to a forced labourer and left at a hospital in Rottenmunster at 8 months old. His file records first his abandonment, then his mother's strong resistance to external pressure to sign his adoption papers. His later attempts to trace his mother is also recorded. Taken together, the records shed light on the history of Nazi slave labour, lost children, forced adoptions, exile and the search for identity that connected episodes of displacement for many DPs that ended up in Australia. This article examines this history, and also considers the role of the archive as a powerful source for both enabling and disabling the search for family in the decades following the Second World War.     

简论家庭暴力现象及其整治

当前,家庭暴力已经严重危害到家庭幸福和社会稳定,成为影响家庭生活质量和社会治安秩序的一个重大社会问题。从历史和现状、社会和家庭、法制要求和家庭成员法律知识水平、个人反抗家庭暴力和社会救助体系方面研究家庭暴力的现状、形成原因及反对家庭暴力的对策,是预防家庭暴力、建设社会主义精神文明、建设文明社区环境和维护社会稳定的重要内容。     

浅谈家庭消费的道德原则

家庭是人们消费的主要场所,随着社会主义市场经济的发展,家庭消费呈现出多样性、个性化等特点,但也出现了许多非伦理化现象,因此家庭消费必须遵循身心健康发展原则、符合家庭整体利益原则、家庭幸福原则、生态关怀原则等等,才能保证家庭成员的全面健康发展,才能建立和谐幸福美满的现代文明家庭。