浅谈家庭暴力

禁止家庭暴力，保护妇女儿童和老人的合法权益是各国都关注的社会问题，近年来，家庭暴力事件在我国数量越来越多，手段越来越残忍，因此要求我国制订一部专门规范家庭暴力的法律的呼声越来越高，2001年4月修订的《婚姻法》中对这个问题首次作了规定。相信随着我国法律的不断完善，受害才的合法权益将受到法律的严格保护，施暴将受到法律的严厉惩罚。     

关于中国建立家庭暴力防治体系的探讨

家庭暴力是世界各国普遍关注的社会问题。目前,国外许多国家和地区已经建立起一套完整的法律体系和社会救助体系来防治家庭暴力,而我国在这方面的工作处于滞后状态,迎头赶上势在必行。本文就家庭暴力防治实践经验,提出了关于建立我国家庭暴力防治体系的浅薄见解。     

浅析家庭暴力

家庭暴力是一个全球性现象,世界各国都不同程度地存在。家庭暴力是发生在家庭内部的暴力行为,严重影响家庭这一社会基本单元的稳定与和谐,也是我国构建和谐社会的重大隐患。本文从家庭暴力的典型特征出发,对其发生原因从历史遗留、经济能力、司法体制、社会保障等多个方面进行了分析,并提出了相应的法律措施和应对机制,以期形成一个配套的、较为完善的预防和制止家庭暴力的法律机制。     

前配偶应纳入家庭暴力主体范围

对于前配偶遭受暴力是否可以纳入家庭暴力防治的范围,在我国立法中是一个灰色地带。大陆立法对家庭暴力的概念和家庭成员的范围没有作出明确的规定,立法的模糊和暧昧在实践中难以把握相应的标准,而且家庭成员的范围过于狭窄。在大多数国家以及我国的台湾和香港地区,都将前配偶纳入到家庭暴力的主体范围。我们也应当适当放宽家庭成员的范围,将前配偶纳入家庭暴力的主体范围,以便对其进行法律保护。     

关于家庭暴力的理性思考

家庭暴力是近年来我国婚姻领域的突出问题,家庭暴力事件呈上升趋势,对其社会危害不可忽视;反家庭暴力存在困难,急需社会综合治理;法律是防治家庭暴力最彻底的手段,企盼早日立法。     

论家庭暴力中男性权益的保障

有关家庭暴力的话题现在常被人们提及，在我国现行的法律中对遏制家庭暴力的发生也制定了相应的法律规范。但其中绝大部分体现的都是对女性在家庭中合法权益的保障，而忽视了男性有时在家庭中也会成为暴力的受害者。为此，从另一个角度出发对男性为何会成为家庭暴力受害者的原因进行分析，从而提出保护男性在家庭中合法权益的一些法律建议将会具有一定的法律参考意义。     

家庭暴力与家庭暴力犯罪浅议

开展对家庭暴力问题的研究对于保护受害人的权益，提高家庭和婚姻生活的质量．雏护社会稳定，促进社会的全面进步，具有重要的现实意义和理论价值。章在对家庭暴力的含义、种类进行一般分析的基础上，重点对家庭暴力犯罪的原因及其防治进行了分析。     

关于家庭暴力防治问题的新思考

家庭暴力是我国所面临的诸多问题中最复杂、同时也是最为隐蔽的一个社会问题,因此,需要作深入的研究和思考。预防家庭暴力的根本在于实现男女性别平等,应积极推进“社会性别主流”战略;消除家庭暴力的关键在于提高妇女自身的素质,应深化“女性素质工程”,建设和完善以国民教育为主体、以社会教育和妇联教育培训为依托的“一体两翼”的全国妇女教育培训体系;防治家庭暴力的核心在于创设以政府为主导、多机构参与的反家庭暴力综合机制,以形成各参与机构相互配合的受害妇女救治网络;规制家庭暴力还必须有健全的法律机制作保证,建立、健全符合我国国情的防治家庭暴力的综合法律制度,做到有法可依。     

家庭暴力防治探析:法律规则与道德规则之间

家庭暴力打破了家庭生活应有的宁静与和谐,使得昔日作为"避风港"的家沦为"人间地狱"。现代社会防治家庭暴力具有秩序合理化、关注社会弱势群体权益以及和谐等价值意蕴。应当寻求法律规则与道德规则的良性互动,通过综合治理,如有条件有限度的警察权和司法权的介入、民政部门等社会组织的介入等,根除家庭暴力,保障家庭成员间关系和睦友好。     

预防和制止家庭暴力的法律对策

家庭暴力是一个严重的社会问题,它侵害了家庭成员的利益,给社会发展带来了不利影响,防止家庭暴力已成为全世界的共同目标。在借鉴英、美、日等国防治家庭暴力措施的基础上,分析了我国现行反家庭暴力措施的局限性,并提出了一些预防和制止家庭暴力的法律对策。     

有关家庭暴力的若干思考

家庭暴力是发生在家庭成员之间的暴力行为。日益严重的家庭暴力危害了受害者的身心健康,侵犯了受害者的合法权益,破坏了社会稳定和发展,已引起全社会的广泛关注。为了给予家庭暴力的受害者更全面、更具体、更适当的协助,以取得更好的社会效果,必须建立法律、社会、心理各层面的社会支持体系。     

Lifelong learning to reduce domestic violence

The purpose of this paper is to identify domestic violence as a social problem, provide background information concerning domestic violence, identify strategies related to adult education currently being used to address the problem of domestic violence and examine the philosophical underpinnings of the programmes. Domestic violence is not only a legal problem, but represents a substantial public health issue and is one of the most overlooked social problems of today. As a result of increased public awareness concerning domestic violence in the late 1980s, there have been many changes in laws and training. Educational programmes have been established for both offenders and public officials who may come in contact with the victims. These programmes range from those based on behaviourist philosophy to those on humanist philosophy and are offered by the courts, community agencies, health care providers and in the workplace. Programmes to reduce domestic violence and efforts of multiple social institutions illustrate the use of adult education as a catalyst for social change.     

论家庭暴力法律救济机制

家庭暴力是一个贯穿古今的全球性问题,得到了全世界各个国家的广泛关注,各国纷纷立法预防和惩治家庭暴力犯罪,我国也于2016年3月1日起施行《中华人民共和国反家庭暴力法》。在立法、执法、司法上打击家庭暴力犯罪,建立和完善我国家庭暴力法律救济机制,有利于保护家庭成员的身心健康和合法权益,有利于婚姻家庭的幸福,有利于社会的稳定和发展。     

The impact of domestic violence exposure on South Asian children in the United States: Perspectives of domestic violence agency staff

The South Asian community is the fastest growing ethnic group in the United States, and past research suggests that South Asian domestic violence (DV) survivors may require culturally-specific resources. Similarly, South Asian children in the US exposed to DV may have unique responses and needs, but this has not been explored to date. The objective of this study was to examine the specific needs of South Asian children exposed to DV from the vantage point of staff from South Asian DV agencies across the United States. Thirty interviews were conducted, with data coded and consolidated into larger themes using thematic analysis. Participants described several factors important to understanding the impact of DV on South Asian children including the role of the extended family, identifying with two cultures, fear about what the South Asian community will think, gender differences, and the importance of projecting an image of perfection. Participants also discussed development of culturally-tailored resources. This study suggests the importance of framing South Asian children’s experiences within the context of interweaving South Asian and American cultural values, with careful attention paid to how potential culture clashes between parents and children may impact the way children process trauma. Further work should triangulate these themes with children, parents, and extended family, as well as collaborate with South Asian DV agencies to design child-focused programs.     

Animal cruelty by children exposed to domestic violence

OBJECTIVE: The first objective of this study was to determine if children exposed to domestic violence were significantly more likely to be cruel to animals than children not exposed to violence. The second was to determine if there were significant age and gender differences between children who were and were not cruel to animals. METHOD: A community sample of 47 mothers with two children and a history of domestic violence were compared to a matched sample of 45 mothers with two children who did not have such a history. RESULTS: Children exposed to domestic violence were significantly more likely to have been cruel to animals than children not exposed to violence. The age and gender of children who were cruel to animals did not differ from children who were not cruel to animals. However, exposed children cruel to animals were significantly older than non-exposed children cruel to animals. CONCLUSION: Animal cruelty by children is correlated with exposure to domestic violence.     

Bullying in schools and exposure to domestic violence

OBJECTIVES: The study aimed to investigate the relationship between bullying and victimization in school and exposure to interparental violence in a nonclinical sample of Italian youngsters. METHODS: A cross-sectional study was conducted with a sample of 1059 Italian elementary and middle school students. Participants completed a self-report anonymous questionnaire measuring bullying and victimization and exposure to interparental violence. The questionnaire also included measures on parental child abuse and socio-demographic variables. RESULTS: Almost half of all boys and girls reported different types of bullying and victimization in the previous 3 months, with boys more involved than girls in bullying others. Exposure to interparental physical violence and direct bullying were significantly associated especially for girls: girls exposed to father's violence against the mother and those exposed to mother's violence against the father were among the most likely to bully directly others compared with girls who had not been exposed to any interparental violence. Hierarchical multiple regression analyses revealed that bullying and victimization were predicted by exposure to interparental violence, especially mother-to-father violence, over and above age, gender, and child abuse by the father. CONCLUSIONS: Exposure to interparental violence is associated with bullying and victimization in school, even after controlling for direct child abuse. Violence within the family has detrimental effects on the child's behavior; schools, in this regard, can play a fundamental role in early detection of maladjustment.     

Exposure to violence,typology, and recidivism in a probation sample of domestic violence perpetrators

The present study investigated the predictive utility of self-reported domestic violence perpetrators’ exposure to violence in their family of origin and patterns related to this exposure through the use of longitudinal analyses on a sample of 228 men on probation in Lake County, Illinois. Differences in typology, recidivism, recidivism frequency, and violent behavior survival patterns in men with a history of domestic violence perpetration and with varying levels of family of origin violence exposure were examined. Findings suggest that those who witnessed interparental violence (either alone, or in combination with experiencing violence) were most likely to be classified as Generally Violent offenders (e.g., perpetrators who direct violence toward their family and others), compared to those who did not report experiencing or witnessing violence. In addition, results also indicate that men who experienced both witnessing interparental violence and receiving physical abuse in childhood were more likely to recidivate more frequently compared to those who did not report experiencing or witnessing violence. No significant findings for typology and recidivism were noted. Clinical and policy/practice implications are discussed.     

Attributing responsibility for child maltreatment when domestic violence is present

OBJECTIVE: The purpose of this study was to examine factors that influence how child welfare workers attribute responsibility for child maltreatment and child safety in cases involving domestic violence. METHODS: The study used a factorial survey approach, combining elements of survey research with an experimental design. Case vignettes were constructed by randomly assigning characteristics to vignettes believed to be related to assessments about responsibility for child maltreatment. Public child welfare workers were systematically sampled and asked to rate vignettes on male and female caregivers' responsibility for child maltreatment and concerns for safety. RESULTS: The presence of domestic violence significantly affected workers' assessments of the attribution of responsibility and concern for child safety, more so than variables related to child maltreatment. Responsibility for exposing a child to domestic violence differed for males and females, with more factors explaining female responsibility. Substance use by either caregiver was significant in attributing responsibility for physical harm, not watching the child closely enough, and concern for child safety, but not for exposure to domestic violence. CONCLUSIONS: Domestic violence appeared to heighten workers' assessments of responsibility for child maltreatment and concerns about child safety, taking precedence over the characteristics of the child maltreatment itself. Battering tends to work against the domestic violence victim in terms of the attribution of responsibility. A greater number of factors affect female responsibility for exposing a child to domestic violence than male responsibility, even though in every case the male was the designated domestic violence batterer.     

以妇女为对象的家庭暴力犯罪的成因与应对

以妇女为对象的家庭暴力犯罪已成为国际社会的一大痼疾,引起了包括中国在内的各国政府和国际组织的广泛关注.本文从心理学的人格特征、需要动机等角度,运用社会学的"社会性别"、现象学的"知识系统"理论对家庭暴力犯罪的原因进行了理论剖析.     

The dead end of domestic violence: Spotlight on children's narratives during forensic investigations following domestic homicide

The current study provides an in-depth exploration of the narratives of children who witnessed their father killing their mother. This exploration was conducted using a thematic analysis of the children's forensic interviews based on seven investigative interviews that were conducted with children following the domestic homicide. Investigative interviews were selected for study only for substantiated cases and only if the children disclosed the domestic homicide. All of the investigative interviews were conducted within 24 h of the domestic homicide. Thematic analysis revealed the following four key categories: the domestic homicide as the dead end of domestic violence, what I did when daddy killed mommy, that one time that daddy killed mommy, and mommy will feel better and will go back home. The discussion examines the multiple layers of this phenomenon as revealed in the children's narratives and its consequences for professionals within the legal and clinical contexts.