论我国反家庭暴力法制观念的作用

家庭暴力问题已引起我国政府的重视及大量学者的关注,但是反家庭暴力的法制观念的重要性还没有得到人们足够的认识.培植反家庭暴力的法制观念不但可以在源头上消除家庭暴力,使其作用渗透于立法、执法、司法及法制监督等方面,而且可以促进法律文化的发展.同时,还能在一定程度上增强公民的法律信仰、提高公民的法律素质,使人们在日常生活中遇到问题时会运用法律思维、法律武器来保护自身的合法权益.而建立完备的反家庭暴力的法制观念培植体系则是保障其作用得以实现的前提.     

From abusive household to dating violence

Social scientists have theorized about the cycle of domestic violence in family abuse. Little research has addressed dating violence as a consequence to the experience of domestic violence by children. This article deals with the self-reported experience of dating violence by high school students from abusive and nonabusive households. A survey was conducted of 1,353 students in a rural area of North Dakota. Results indicated that students from abusive households showed significantly higher incidence of dating violence than those from homes where no abuse was evident. However, less than one in five of the students from abusive home reported dating violence, providing little support for the cycle of violence hypothesis. Students from abusive homes viewed violence as negatively as students from nonabusive homes. Thus, while there are significant differences between the two groups, there are also important similarities. Although there is apparently a greater risk of dating violence among students who have experienced violence at home, these data do not support the idea of an inescapable pattern of violence among adolescents who have experienced violence themselves.     

从性别视角对性骚扰立法模式的反思

性骚扰是涉及人格尊严与人身权利的重要法律问题。综观中国有关切实保障公民人身权益的法律法规,发现尚缺少社会性别视角,亦缺少具体有效、操作性强的规定。已启动的立法举措具有立法视角与思路的突破,标志着性骚扰成为受社会与法律制约的行为,但性骚扰立法仍缺少系统科学立法模式的统筹。笔者认为应创建性骚扰立法模式,制定统一的反性骚扰法案,以预防与制止性骚扰。     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

Intimate Partner Violence in Extremely Poor Women: Longitudinal Patterns and Risk Markers

Despite high revalence rates of intimate partner violence in the lives of extremely poor women with dependent children, few studies have investigated the patterns of violence that occur over time, and the characteristics of women that serve as risk markers for partner violence. This paper describes patterns of domestic violence longitudinally and uses multivariate analyses to delineate childhood and adult risk markers for recent intimate partner violence in this population of women. Analyses draw upon a sample of 436 homeless and extremely poor housed mothers receiving welfare, in a mid-sized city in Massachusetts with a large Hispanic population of Puerto Rican descent and relatively fewer Blacks. We found that among women with complete longitudinal data (N=280), almost two-thirds experienced intimate partner violence at some point during their adult life by the end of study follow-up, and that the abuse before and after the baseline interview was episodic and limited over time. To examine the role of individual women's factors, while controlling for partner characteristics, we used baseline data on women who had been partnered during the past year (N=336). Among childhood predictors, we found that sexual molestation contributed most significantly to adult intimate partner violence that occurred during the past year prior to the baseline interview. Adult risk markers included inadequate emotional support from non-professionals, poor self-esteem, and a partner with substance abuse problems. Having a partner with poor work history was another independent predictor of recent abuse. Ethnicity did not significantly predict whether women were abused or not during the past year, contrary to other findings reported in the literature.     

贿赂的范围——以“性贿赂”为视角

从理论上讲,贿赂的范围应采物质利益说。考虑到刑法的谦抑性,“性贿赂”不应列入贿赂的范围,加强刑事法律的上游立法才是遏制“性贿赂”的根本所在。然而,罪刑法定是刑法的基本原则,我国刑法规定地非常明确,贿赂只能是“财物”,无论如何扩大解释,也不能将其他物质利益包括其内。所以,目前而言,我国刑法中的贿赂是指行贿人自愿交付或被迫提供给受贿人的,从而换取受贿人以其职务行为为其谋取利益的财物。     

A Longitudinal Study of Modifying Influences in the Relationship Between Domestic Violence and Child Maltreatment

The increased risk of child maltreatment in the presence of domestic violence is well documented, but much remains unknown about factors that modify this relationship. This study investigates the roles of risk and protective factors in the relationship between domestic violence and being reported to the Department of Social Services for child maltreatment. Consistent with the literature, we find a significant overlap between domestic violence and maltreatment. Young maternal age, low education, low income, and lack of involvement in a religious community add to the risk for maltreatment associated with domestic violence. Separation between the maternal caregiver and her partner significantly reduces the risk for maltreatment when domestic violence is reported. A significant reduction in the risk for maltreatment is also found with higher levels of support from the maternal caregiver reported by the child in the context of domestic violence.     

家庭暴力的法律思考

家庭暴力已经成为全球性的社会问题,如何有效地预防和解决这种社会现象成为我国面临的重大课题。我国反对家庭暴力的立法存在对家庭暴力的定义太狭窄、针对家庭暴力案件缺少专门证据规则、政府在解决家庭暴力问题职责的规定缺乏等缺陷,应采取制定一部专门的《家庭暴力防治法》、完善相关法律等对策。     

NO COMMUNITY IS AN ISLAND: THE EFFECTS OF RESOURCE DEPRIVATION ON URBAN VIOLENCE IN SPATIALLY AND SOCIALLY PROXIMATE COMMUNITIES*

The link between resource deprivation and urban violence has long been explored in criminological research. Studies, however, have largely ignored the potential for resource deprivation in particular communities to affect rates of violence in others. The relative inattention is notable because of the strong theoretical grounds to anticipate influences that extend both to geographically contiguous areas and to those that, though not contiguous, share similar social characteristics. We argue that such influences—what we term spatial and social proximity effects, respectively—constitute a central feature of community dynamics. To support this argument, we develop and test theoretically derived hypotheses about spatial and social proximity effects of resource deprivation on aggregated and disaggregated homicide counts. Our analyses indicate that local area resource deprivation contributes to violence in socially proximate communities, an effect that, in the case of instrumental homicides, is stronger when such communities are spatially proximate. We conclude by discussing the implications of our findings for theories focused on community‐level social processes and violence, and for policies aimed at reducing crime in disadvantaged areas.     

掀开法律的男权主义面纱——对中国当代性犯罪立法的文化解读与批判

我国当代的性犯罪立法中还残留着许多男权主义的印记,具体表现为:受男主女从的文化影响,把强奸罪的实行主体限定为男子,受害人限定为女子;受生殖文化的影响,将强奸中性交的概念定义为男女生殖器的媾合;由于将强奸视为对男人权利的侵犯,因而对其引起的纠纷由国家垄断处理权.现行立法与社会现实存在着一定的矛盾,因此,立足中国现实,借鉴西方经验,改革我国现行的性犯罪立法是当务之急.