涉法信访的文化透视及出路探析

涉法信访的存在,表明司法的效益不高、权威不强。涉法信访的完善应从现实出发,采取修改《信访条例》、改革再审制度、纠纷解决机制创新的办法。     

Parental Representations in the Play of Preschool Aged Witnesses of Marital Violence

The play of young children has long been used clinically to understand children’s experiences and inner feelings. More recently, children’s play has been examined quantitatively to understand differences due to varying backgrounds, family relationships, etc. Forty preschool children (21 girls and 19 boys) aged 27 to 71 months from families with histories of domestic violence were observed using a play interview, The MacArthur Story Stem Battery, to determine if severity of violence, frequency of visitation with their previously violent fathers, and mother-child relationship functioning impacted how parents were represented in play. Overall, girls represented their parents more positively regardless of other family circumstances. Boys, especially those who did not visit regularly with their fathers, had negative representations of their mothers. Severity of violence did not predict negative parental representations in the sample.     

Prison Visitation and Recidivism

Scholars and policymakers have called for greater attention to understanding the causes of and solutions to improved prisoner reentry outcomes, resulting in renewed attention to a factor—prison visitation—long believed to reduce recidivism. However, despite the theoretical arguments advanced on its behalf and increased calls for evidence-based policy, there remains little credible empirical research on whether a beneficial relationship between visitation and recidivism in fact exists. Against that backdrop, this study employs propensity score matching analyses to examine whether visitation of various types and in varying amounts, or “doses,” is in fact negatively associated with recidivism outcomes among a cohort of released prisoners. The analyses suggest that visitation has a small to modest effect in reducing recidivism of all types, especially property offending, and that the effects may be most pronounced for spouse or significant other visitation. We discuss the implications of the findings for research and policy.     

A REVIEW OF PROGRAMS DESIGNED TO PREPARE PARENTS FOR CUSTODY AND VISITATION MEDIATION

Mediation orientation programs are an increasingly common resource for parents preparing to mediate custody and visitation disputes. In this paper, we review empirical studies on program effectiveness and describe a range of programs in the U.S. Most are brief and psychoeducational in nature, focusing on the mediation process and the effects of conflict on children. Programs typically provide information through reading materials, slides, and videos, either in a group setting or online. Few evaluate program effectiveness. We offer suggestions for program evaluation and introduce an assessment‐based framework for providing individualized services for parents. Key Points for the Family Court Community

• ? Few Mediation Orientation programs have been empirically evaluated.
• ? Useful research designs would include (1) assessing participants both before and after the program and (2) comparing program participants to non‐participants.
• ? The psychoeducational components of Mediation Orientation programs may need to be tailored for low‐ and high‐conflict couples.

     

Time Radically Alters Ex Situ Evidentiary Soil 16S Bacterial Profiles Produced Via Next‐Generation Sequencing,,

Previous research has revealed the potential of soil bacterial profiling for forensic purposes; however, investigators have not thoroughly examined fluctuations in microbial profiles from soil aged on evidence. In this research, soils collected from multiple habitats were placed on evidence items and sampled over time, and then bacterial profiles were generated via next‐generation sequencing of the 16S rRNA locus. Bacterial abundance charts and nonmetric multidimensional scaling plots provided visual representation of bacterial profiles temporally, while supervised classification was used to statistically associate evidence to a source. The ex situ evidence soils displayed specific, consistent taxonomic changes as they aged, resulting in their drift in multidimensional space, but never toward a different habitat. Ninety‐five percent of the 364 evidentiary profiles statistically classified to the correct habitat, with misclassification generally stemming from evidence type and increased age. Ultimately, understanding bacterial changes that occur temporally in ex situ soils should enhance their use in forensic investigations.     

保税港区的法律性质与法制完善

加入WTO后,在我国新的改革开放举措中,保税港区被寄予厚望。本文首先分析了保税港区的法律性质,认为保税港区是特殊经济区、海关特殊监管区域、地方政府的行政管理区域。根据对法律性质和我国现行相关立法的分析,笔者认为我国相关法律制度有三处不足:立法层次较低、管理者不明确、尚无保税港区检验检疫的国家立法。因此,建议由国务院制定颁布《保税港区条例》,来规范保税港区的设置和管理。在国家没有新的立法前,天津市和上海市制定本地立法的做法值得肯定。建议保税港区的地方政府可以根据地方立法权,参照天津立法来制定本地的保税港区管理规定。     

RAISING THE BAR: WHY SUPERVISED VISITATION PROVIDERS SHOULD BE REQUIRED TO MEET STANDARDS FOR SERVICE PROVISION

The New York Society for the Prevention of Cruelty to Children (NYSPCC) has provided a supervised visitation program (SVP) for high‐risk families for almost two decades. Parents needing supervised visitation often have histories of domestic violence, child abuse and neglect, mental illness or substance abuse, therefore providers delivering services must be adequately trained and supervised in order to protect the child from further harm during the visitation process. This article describes the need for SVP's, parental issues warranting consideration, the special needs of children in these circumstances, policy recommendations for provider standards, and a certification process to be developed and adopted in New York State.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

CONCEPTUALIZING VISITATION RESISTANCE AND REFUSAL IN THE CONTEXT OF PARENTAL CONFLICT,SEPARATION, AND DIVORCE

A child's visitation resistance and refusal (VRR) in the context of parental separation, divorce, and post‐divorce litigation must not prematurely be interpreted as evidence of alienation, a conclusion which can be as detrimental to the family system as it is ill founded. The present article proposes a child‐centered, developmentally informed heuristic with which forensic evaluators might begin to more uniformly approach the potential causes of and remedies for VRR. An attachment‐based, step‐wise decision tree is described together with an overview of the remedies presently believed most appropriate to each. Recommendations for empirical study of the multiple convergent dynamics which determine VRR and establishment of corresponding interventions follow.