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。     

法规竞合论争分析与概念重构

法规竞合的本质是刑事法律规范的竞合 ,不是法律条文的竞合。法规竞合是一种立法现象 ,不是犯罪形态。法规竞合是犯罪构成的竞合 ,不包括法定刑的竞合。法规竞合可以发生在基本犯罪构成之间 ,也可以发生在基本犯罪构成与修正犯罪构成之间。法规竞合包括外延包容、外延交叉、内涵从属三种逻辑模式。     

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.     

刑法因果关系的判断标准及其在不作为犯中的运用

如何判断因果关系是刑法因果关系理论所应解决的核心问题。大陆法系和英美法系国家关于认定因果关系的理论对于我国具有重要的借鉴意义。从刑法规范的立场来看,条件说较好地解决了因果关系的判断标准问题,采用条件说不会不当地扩大处罚范围。在此基础上,就如何判断不作为犯的因果关系提出了具体的判断标准和方法。     

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.     

共同侵权与共同犯罪的界限——从价值、目的到法律责任

共同侵权与共同犯罪分别属于侵权法与刑法中的两项不同制度。由于法律规定的模糊性、个案的复杂性、个人主观认识的差异性以及共同侵权与共同犯罪各自领域内理论学说的纷争,致使两者间的界限模糊。从价值取向、立法目的和法律责任方面探讨共同侵权与共同犯罪的界限,具有重要的理论价值和实践意义。     

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.     

论确定的一罪中的复合行为犯罪

根据犯罪客观方面所表现出的行为可以将确定的一罪分为单一行为犯罪和复合行为犯罪,根据复合行为犯罪的概念,可以归纳出复合行为犯罪的四个特征。以复合行为犯罪中两个以上行为的地位、相互关系和法律的规定为标准,可以将复合行为犯罪分为并列的复合行为犯罪、必要的复合行为犯罪和任意的复合行为犯罪三种情形。我们可以在概括提出并列复合行为犯罪和必要复合行为犯罪的定罪与处罚的一般原则后,来着重分析目前在认定任意复合行为犯罪未遂与既遂、中止和共同犯罪问题上的难点、分歧及矛盾,并在此基础上提出处理这些问题的原则和理由。     

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。