从歧视走向平等——非婚生子女法律地位的变迁

非婚生子女作为社会的弱势群体,对其加强法律保护已成为世界各国婚姻家庭法的一个重要课题。综观世界各国亲子立法的发展史,非婚生子女的法律地位经历了受虐待和歧视的“无亲之子”阶段、被消极肯定的“形式平等”阶段、以至于发展到当今一些国家对子女的完全平等保护———实质平等。我国亲子立法应顺应世界先进亲子法的立法趋势,摒弃“非婚生子女”这一不平等称谓,制定统一的自然血亲子女制度,以子女认领制度作为确定无婚姻的父母与自然血亲子女身份关系的证明方法,保护子女的最大利益。     

The relationship between parents and adult children in the economic culture of rural Netherlands, 1880–1910

This study examines the complexity of contradictory interests in the relationship between parents and adult children among agricultural wage laborers in rural Netherlands about 1900. One important potential issue of conflict was the marriage of children. In the case of wage laborers, Hajnal's independent livelihood theory is not really helpful in explaining regional differences in age at marriage. Marriage is viewed as a problem of balance and competition between the livelihood problems of parents and children. Two main issues of wage laborers are dealt with: the help adult children give to elderly parents and the control of the earnings of unmarried adolescent and adult children by their parents. Regional variations in children's help and parental control are measured and explained using four independent variables: extent of property ownership by wage laborers, extent of their production for the market (and need for unpaid family labor), wage level, and percentage who belonged to traditional religions in the village. Statistical analysis suggests that the property of agricultural wage laborers was most important in explaining variation in parent–child relationships. Wage level and religion also showed considerable explaining power, particularly for wages earned by unmarried children.     

256例儿童和少年道路交通事故伤残评定回顾性研究

目的 探讨儿童和少年道路交通事故活体损伤的流行病学、损伤及伤残评定特点。方法 对256例儿童和少年道路交通事故伤残评定资料进行回顾性研究。结果 男性多于女性,多见于6～18岁儿童,交通事故每天10～12时和16～18时最多,车辆类型以小汽车和货车多见,肇事方式多见于机动车与行人相撞,伤者的交通方式以步行多见,损伤部位以头部和四肢多见,损伤类型以骨折、挫伤、创多见,但内脏损伤相对较轻,下肢骨折远多于上肢。损伤程度多评定为轻伤,伤残程度以Ⅸ、Ⅹ级轻度伤残为主(33.2％)。结论 儿童和少年道路交通事故伤残评定应适当放宽标准,伤残评定标准应增加儿童和少年的有关条款。     

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.     

从融合到分立:儿童网络色情信息犯罪的刑事规制

儿童网络色情信息犯罪侵害的法益是"直接层法益"与"间接层法益"双重法益。"直接层法益"为儿童的身心健康权利与以"免受性剥削和性虐待"为核心的被动性的性权利,"直接层法益"为个人法益;"间接层法益"为性道德等社会法益。而成年人网络色情信息犯罪侵害的主要是基于"性的隐秘性"善良性风尚和性道德的社会法益。法益具有立法检视功能和区分功能,客观上需要将儿童网络色情犯罪与成年人网络色情犯罪分离,进而设置独立的刑事规范,并对儿童网络色情信息范围、犯罪行为类型及网络服务提供商的责任重新进行建构。     

(Re)Productive Discourses: Media Coverage of Children Born of War in Colombia

Children born as a result of wartime sexual violence have not gained a place in the stories covered by the Colombian media. Based on an extensive content analysis (using the software MAXQDA 12) of newspaper articles published between 1990 and 2015, ethnographic content analysis, and drawing upon feminist critical discourse analysis, this paper explores how information about these children is presented as part of storylines that use the explanatory framework of sexual violence as a weapon of war. In those storylines, children emerge not as independent subjects but as part of social representations of female victims of wartime sexual violence and male perpetrators.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

How do parents experience relocation disputes in the family courts?

Relocation cases are known to be amongst the most difficult decisions for family court judges. This article reports the findings of an empirical study of parents who were involved in relocation disputes, reporting their views on the experience of being involved in one of these difficult cases. We consider the origins of the disputes and parents’ perceptions of how their cases were resolved, as well as some initial discussion of the aftermath of the cases as seen in the first few months.     

Toward Better Outcomes for Families Through Innovative Dispute Resolution Programs in England

This article explores and shares the learning from two of Cafcass’ innovative dispute resolution pilot programs. The programs aim to improve outcomes for families against the backdrop of rising private law demand in England, while keeping the child at the center. The Positive co‐Parenting Programme pilot provides a structured intervention to reduce conflict and promote timely resolution for children and families in complex cases. The Support with Making Child Arrangements pilot explores whether the provision of a package of support to parents ahead of the first court hearing can help them come to safe agreements about their children without the need for court intervention.