家庭暴力的婚内赔偿问题探析

家庭暴力已成为社会关注的一个热点问题。对于家庭暴力受害者而言,婚内赔偿能给予其切实的保护和救助。本文对家庭暴力婚内赔偿的现实性和可行性进行了分析,明确了家庭暴力婚内赔偿的内容,并提出了构建家庭暴力婚内赔偿制度的设想。     

Ethnic and Religious Hostilities in Early Modern Port Cities

An analysis of ethnic and religious conflict in early modern port cities, such as Amsterdam, Genoa, and several Islamic cities in the Ottoman Empire including Constantinople. The essay reflects on the connection between maritime trade and the freedom of conscience that promotes tolerance, civility, and a lessening of violence toward outsiders. It examines ethnocentrism, anti-Semitism, and the institution of slavery in early modern port cities, as well as milieux that fostered pluralism such as the Exchange, gambling dens, military units, and the harem. Most important, it explores the decisive role of merchant oligarchies, relatively open elites, in promoting tolerance.     

Thoughts on Juvenile Justice Systems and Research

This article updates comments published in this journal in 1994 about the nature of the American juvenile justice system, which laid out reasons that it might not serve as a useful model for other nations. Since that time, the US system has moved further right towards the justice model and away from the welfare model. Individualistic philosophies and political conservatism have combined to produce a more adult-like and punitive juvenile system, applied to increasing numbers of minors and to increasingly younger minors. Successful demonstrations of community absorption or treatment have been too few to balance the rightward direction. European scholars are urged to undertake increased studies in two critical areas: (1) the nature, functions, and comparative differences in their juvenile justice systems, and (2) the nature of local communities and their contributions to patterns of delinquency.     

Race and Demographic Factors in Treatment Attendance for Domestically Abusive Men

This study examined the influence of race and other demographic characteristics on session attendance and dropout from a cognitive-behavioral treatment program for male domestic abusers (N = 101). Multiple regression analyses revealed that lower session attendance was significantly predicted by unemployed status and African American (versus Caucasian) race. Other demographic factors could not account for the race differences in session attendance. Race was the strongest predictor of dropout and session attendance in all analyses. Racial composition of treatment groups was not significantly related to number of sessions attended for Caucasian or African American clients. Although the combined (interactive) effect of race and referral source on number of sessions was not statistically significant, the pattern of means suggested that self-referred African Americans were at the greatest risk for dropout. Results suggest that race differences in dropout, and the mechanisms that account for these differences, deserve more clinical and research attention in treatment for domestic abusers.     

Victims With Voices: How Abused Women Conceptualize the Problem of Spousal Abuse and Implications for Intervention and Prevention

Working from the conceptualization of abused women as both victims of and experts on spousal abuse, this study compares how women who have been abused, and how men and women with either less direct or no experience with spousal abuse, understand the problem and their beliefs about how it should be addressed. Results of a telephone survey of Philadelphia adults (N = 1,850) indicate that although in many ways abused women's opinions regarding domestic violence do not differ from those of nonabused women, abused women are more likely to believe that society gives tacit consent to abusive behavior through its silence and that talking openly about the problem will make it easier to solve. These findings suggest that initiatives aimed at changing the social norm around domestic violence may assist in both intervention and prevention efforts.     

Batterers Stalking Patterns

This clinically based study asked 165 batterers attending a court-mandated assessment program to quantify a series of behaviors that occurred since being convicted of battering. The behaviors clustered into 2 factors: (1) an Ambivalent Contact Pattern whereby behaviors of batterers were associated with contacting their ex-partner, sending gifts and letters, and watching her without her knowing while harboring conflicting feelings of love, hate, and anger; and (2) a Predatory Contact Pattern whereby the behaviors of batterers were associated with hang up calls, entering her home without permission, threatening or physically causing harm to her while harboring a propensity for abusiveness. Clinicians should assess batterers for predatory thoughts about the estranged partner, and reason for the contact since separation. Presence of stalking behaviors and predatory fantasy is a window to determine repetitive and escalating domestic violence.     

英国防治家庭暴力与保护受害人立法述评

家庭暴力是一个普遍存在于英国社会各阶层的家庭中的社会问题,尽早发现、尽早处理才能将伤害减少至最低。为此,英国自从20世纪70年代开始制定了一系列法律案防治家庭暴力,从家庭成员身份界定到司法保护、从家庭暴力的认定到骚扰防治进行较全面的法律干预。英国法既注重对加害人予以法律制裁,更注重预防,及时帮助受害人和加害人,防止家庭暴力延伸到下一代,防止家庭暴力从家庭内部延伸到家庭之外。英国法防治家庭暴力的理念、路径和对策能够为我国制定防治家庭暴力法提供诸多借鉴与启发。     

论强迫交易罪中的暴力和威胁

强迫交易罪的暴力、威胁的认定应以刑法解释的基本原则为指导,以平衡刑法社会保护机能和人权保障机能为标准,对暴力程度、威胁程度、暴力对象和威胁对象进行综合评判。     

Comparing Methods for Examining Relationships Between Prison Crowding and Inmate Violence

Studies of empirical relationships between indicators of prison crowding and inmate violence have uncovered null, negative, and positive relationships. These mixed findings may be due, in part, to cross‐study differences in definitions of crowding, levels of analysis, and sample designs. We compared findings across some of the more popular approaches to study the relationship between facility crowding and the prevalence of inmate assaults in order to determine the implications of different methods for variation in estimates. Multi‐level data from a national sample of 10,022 men confined in 203 state correctional facilities during 1997 were examined. Findings revealed differences across methods in the direction and significance of the crowding/assault relationship. These differences were then considered in order to derive a strategy for more uniform research on the topic. This strategy consists of including both total inmate population and design capacity as separate predictors in the same model, examination of tri‐level data (inmates, facilities, and states) in order to control compositional differences in inmate populations across facilities and to remove confounding state‐level differences in crowding levels and assault rates, and more careful consideration of secondary analyses of complex samples with sample weights.     

百年嬗变:美国少年司法之溯源、衍变及展望

少年司法肇始于美国,至今已有110余年的历史。但美国少年司法发展历程并非一帆风顺,先后历经前少年法院时期、少年法院创设与探索期、少年权利时期以及少年司法晚近变革期等四个主要阶段。其间,少年司法政策因实证主义兴起与新刑事古典主义复兴等社会思潮交叉影响不免时常进退辗转,甚至出现少年法院废除论的主张。对美国少年司法与未成年人保护追根溯源及总结,以吸取其改革中的经验与教训,以供构建我国少年司法制度反省、参酌和借鉴实有必要。