强奸罪的文化学分析

强奸罪作为人类文明史上一个古老的犯罪命题 ,其立法模式是文化所认可的各种态度与价值的缩影。传统的强奸罪立法模式深植于男权制社会之中。 2 0世纪中后期以来 ,域外出现的强奸罪立法新模式反映了人们性观念及价值观的改变 ,是理想主义的结晶。基于现实国情 ,我国在强奸罪立法模式上可走一条现实向理想逐步过渡的渐进路线 :在坚持现行刑法典规定的前提下 ,对特殊个案按强奸罪新模式作出处理 ,以个案判决逐步影响民众的观念 ,最终实观立法的转变。     

增强全社会的社会性别意识，为妇女发展创造良好的社会环境

文章通过对现实生活中性别公正问题的分析,指出社会的性别偏见甚至性别歧视仍然存在,且极有市场.建议要营造良好的政策环境、教育环境和舆论环境,建立一个不仅是法律上男女平等,而且是事实上男女平等的社会,为妇女发展创造良好的社会环境.     

中国地方人大制度的研究现状与展望

中国的地方人大制度近年来引起了国内外学术界的不断关注。国外研究的最大特点是较为注重实证分析和模式构建 ,具有较强的学术价值。但是由于价值准则的误用和分析层面的局限 ,这种研究难免存在着一些不足之处。与此相对 ,国内的研究则带有很强的规范研究和对策研究的成份。总体上可以将国内的研究概括为制度描述、制度完善、工作改进和行为统计这几种途径。国内研究的最大优势是一手材料的利用和价值准则的趋同 ,但是由于实证程度和模式构建力度的不足 ,同样也存在着需要完善的地方。要真正提升地方人大的研究层次 ,就有必要从中国地方人大的产生和运作过程中去寻找制度层面的内在动力。     

论性骚扰的损害赔偿

文章通过对中国性骚扰案件的评析,在借鉴国外经验基础上提出应该完善中国性骚扰损害赔偿制度:除了精神损害赔偿,还应该增加工资和预期利益等补偿,并且将惩罚性赔偿制度纳入职场性骚扰的损害赔偿中,给与受害人充分、合理的保护。     

A Comparison Between Unwanted Sexual Behavior by Teachers and by Peers in Secondary Schools

This study explores differences and similarities between sexual harassment of students by teachers and by peers. Respondents were adolescents in 22 secondary schools, randomly selected in 2 regions in the Netherlands. Of the 2808 students 512 (18%) reported unwanted sexual experiences at school in the past 12 months: 370 girls (72%) and 142 boys (28%). Using discriminant function analysis we found 2 qualitatively different types of unwanted sexual behavior. Unwanted sexual behavior by school personnel is more often nonverbal in nature, physical, or a combination of different sorts of behavior and is more often directed at girls. Students experience teacher harassment as more upsetting than unwanted sexual behavior by their peers. They also experience more psychosomatic health problems when harassed by teachers. Unwanted sexual behavior by peers is more often of a verbal nature. Students experience less psychosomatic health problems when harassed by peers.     

婚外性关系的法律规制

本文从比较法的角度,简要介绍了各国对婚外性关系的法律规制。其中重点分析了伊斯兰法律同美国法律在调整婚外性关系方面的差异及其成因,得出了婚外性关系的法律规制必将随着社会的发展进一步弱化的结论。     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

Classroom training in sexual victimization awareness and prevention skills: An extension of the Red Flag/Green Flag people program

This study is an extension of a previous evaluation of a program (Red Flag/Green Flag) in which children, parents, and teachers were exposed to a workbook and film designed to teach personal safety strategies for preventing sexual victimization or encouraging adult assistance through disclosure of such incidents. In the current investigation, only children and their teachers received this didactic training program. Children and teachers from neighboring schools were assigned to a Training or Control group. Self-reports from children, teachers, and parents, as well as guidance counselor incident reports, were obtained to evaluate outcome. Results indicated greater gains in general knowledge and prevention skills at post-training and 6-month follow-up for trained than control children. Some improvements were made by trained teachers and parents of trained children. Child reports of personal experiences and guidance counselor incident reports were in accord with the assistance component of the program. However, the pattern of reports across sources is difficult to interpret. The findings are discussed in light of salient issues regarding the content of training, child disclosure, and methodology.     

A multivariate investigation of dating aggression

This study investigated the following variables for their unique and combined contributions to dating aggression: exposure to aggression in the family of origin (witnessing interparental aggression or being the victim of aggressive parenting); attitudes justifying dating aggression (when humiliated or in selfdefense); child-to-parent aggression; child sexual abuse; violent sexual victimization; alcohol use; and socioeconomic status. One hundred and eleven male and 179 female undergraduates reported on their own aggressive behaviors directed toward dating partners. Together, the predictor variables accounted for 41% of the variance in male-to-female aggression but only 16% of the female-to-male aggression. Humiliation, as a justification for dating aggression, contributes to the prediction of both males' and females' dating aggression, while self-defense, although a highly endorsed condition for justifying dating aggression, does not predict actual aggressive behavior. Exposure to interparental aggression plus the product between exposure and humiliation contribute to the prediction of males' dating aggression but exposure does not play a role in females' dating aggression. Violent sexual victimization contributes unique variance to both males' and females' dating aggression. The present data highlight the importance of examining specific circumstances under which males and females justify dating aggression and how such attitudes condoning aggression affect actual behaviors.     

从符号学看女性的性屈从与主动

大众传播媒介传送的“社会文本”所再现出来的“女性形象”,相当程度地影响了社会大众对于女性相关角色的定义与认知。近几年来,在媒介中造成热门话题的女星写真集,其文本中所再现出的女性形象与性意识,是否能脱离男性观点的女性既有形象,而展现出一种女性主体的能动性,是主要的研究焦点。考量“风格”和“内容特色”两个条件,进行符号学分析发现,写真集中所展现出的女性特质与女性性意识具有4个特点:1.柔弱、迷惑无助、服从与被动的女人形象;2.被窥看的客体,以满足窥看者;3.文本里充斥着阳具象征物,女性在里面仍被视为性玩物;4.看似多元互异的女性风貌,其实大多是社会里既定的女性形象。文本里所再现的女性形象,正如反色情女性主义所说的,是社会里性别权力关系不平等的再现。