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。     

偶然防卫论

日本刑法学界对偶然防卫存在防卫意志必要说、防卫意志不要说和二分说三种观点。我国学界虽不认可偶然防卫的正当性,但其社会危害性的程度、是否作为量刑情节等问题仍需要加以研究。     

防卫意图初探

行为人防卫意图是否存在是决定行为人之行为是否为正当防卫行为以及是否给予减免处罚的关健。防卫意图具有目的的正当性、内容的广泛性、表现的隐蔽性、时效的有限性等特征。必须对一般防卫、特殊防卫和防卫过当中的防卫意图进行正确分析、认定和把握。     

试论家庭暴力的侵权责任

家庭暴力是指行为人以殴打、捆绑、残害、强行限制人身自由或者其他手段,给其家庭成员的身体、精神等方面造成一定伤害后果的行为。但这一概念准确性尚存疑义。家庭暴力的表现形式包括身体暴力、精神暴力和性暴力。目前对于家庭暴力的救济还主要是限于行政责任和刑事责任,这种救济模式存在一定的缺陷,必须完善家庭暴力的相关立法。     

论防止家庭暴力的对策

文章主要论述了中国家庭暴力的危害、原因及对策,以及尽快在我国建立《防止家庭暴力法》的必要性。     

试论特殊防卫的认定

特殊防卫是在特殊情况下法律对公民正当防卫权的特殊保障.正确认定特殊防卫需要从防卫对象的特定性、侵害行为的现实性、侵害手段的暴力性、侵害后果的严重性四个方面来把握.     

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。     

略论家庭暴力的救济方式

家庭暴力的发生是由社会历史的、现实的多种因素和个人因素共同作用的结果。要排除家庭暴力救 济方式中的法律障碍,逐步完善我国的法律救济方式,建立社会救助网络及专门的法律援助机构,加强公安 机关对家庭暴力的干预,建立专门的反家庭暴力法。     

家庭暴力指标

去老公的办公室找他办事,发现他们那儿的女厕所的门里面贴着一张大大的黄色封塑的宣传单,标题是：“你正在受到伤害吗？”下面列举了若干条：     

论家庭暴力的多维防治

家庭暴力是世界公害,也是我国一个严重的社会问题。完善我国的家庭暴力立法,受暴者及时进行自我保护,加大外界干预的力度,对家庭暴力进行综合防治,既是维护家庭中弱者(主要是妇女、儿童和老人)合法权益的需要,也是厉行法治、建设社会主义法治国家的必然要求。     

家庭暴力犯罪问题研究

家庭暴力作为一种社会现象在中国乃至世界都普遍存在,但一直为社会所漠视.随着文明进步及女性权利地位的提高,家庭暴力,尤其是其中的犯罪问题为社会所广泛关注.     

论妇女权力之保护--对196件家庭暴力案件的调查分析

家庭暴力下的女性存在着不同程度的恐惧、自卑、压抑和依赖的心理，她们的遭遇大多悲惨，令人同情。造成她们悲惨命运的，既有来自她们自身传统的思想观念和现实利益的原因，为面子、孩子、亲朋等残酷的现实原因，还有来自社会的现实和法制建设欠缺等方面的原因。只有从提高女性自身素质入手，进一步健全法制，才能遏制家庭暴力的产生和蔓延。     

关于家庭暴力的若干思考

家庭暴力是一个全球性的社会问题,也是一个亟待立法定论的法律问题。日益严重的家庭暴力不仅危害了受害者的身心健康,破坏了婚姻家庭的幸福与社会的和谐,也破坏了家庭美德和社会公德,甚至践踏了法律的公平与公正。近年来中国反家庭暴力立法工作正逐步深入和加强,但在实施过程中仍然出现诸多问题亟待解决与完善。分析我国反家庭暴力立法现状及不足,进而结合我国国情提出完善反家庭暴力的具体建议。     

The relationship between exposure to family violence in childhood and post-traumatic stress symptoms in young adulthood: The mediating role of social support

BackgroundExtensive research has examined the relationship between exposure to family violence and its long-term mental health effects. Social support has been found to moderate this relationship, but there is a dearth of research on its mediating role.ObjectivesThe article presents the results of a study on the relationship between witnessing interparental violence and experiencing parental violence during childhood and adolescence on the one hand, and post-traumatic stress symptoms (PTSS) during young adulthood on the other. In addition, the article presents results on the role of social support as a mediator in this relationship.Method, participants, and settingA cross-sectional survey was conducted among 516 Israeli university and college students (90.7% female, and 9.3% male; M age = 24.9, SD = 2.7) using a retrospective, self-administered questionnaire.ResultsThe results revealed that exposure to each pattern of family violence (i.e., witnessing interparental violence and experiencing parental violence) predicted higher levels of PTSS. Furthermore, social support was found to partially mediate the relationship between exposure to family violence during childhood and adolescence and current PTSS as well as its four symptoms, i.e., depression, sleep disturbance, dissociation, and anxiety.ConclusionsThe results of the current study highlight the important role of social support in the association between adversities experienced early in life and young adulthood outcomes. The findings are interpreted on the basis of Conservation of Resources Theory (Hobfoll et al., 1990), which served as the conceptual framework for the study. The limitations of the study and implications for future research are discussed.     

The prevalence and context of family violence against children in Finland

The prevalence and context of violence against children in their families was surveyed as part of a study on the sexual abuse of children. A random sample of 409 comprehensive school classes with approximately 9,000 15-year-olds was asked to anonymously fill out questionnaires. The majority filled out the questionnaires in the privacy of the school nurse's office, the rest in their classrooms. Of the selected classes, 88.8% participated in the survey, and the response rate of the students in those classes was 96%. Mild violence (slapping, pushing, etc.) was reported by 72% of the respondents, and severe violence (hitting with a fist, kicking, use of weapons) was reported by 8%. Violence was committed by the parents sometime before the children reached age 14. Incidents of violence during the year preceding the survey were reported by 19% and 5%, mild and severe, respectively. Mild violence was committed slightly more often by mothers than fathers. Severe violence was perpetrated more frequently by fathers. Girls reported mild abuse more often than boys. Severe violence was experienced equally often by both sexes. Children living with single mothers reported less-than-average mild violence, but more frequent severe violence. The highest incidence of severe violence was found among youth living in families with a stepfather. Unemployment in a family tended to increase both mild and severe violence. Violence was reported least often by children living in farming families or Swedish speaking families (which make up about 6% of Finnish population). Overall the frequency of violence toward children in Finland is significantly lower than in the U.S. Comparison to Sweden seems to show an identical level of child abuse, although different study methods make comparisons difficult.     

Intimate partner violence in the family: Considerations for children's safety

Children's exposure to intimate partner violence (IPV) is increasingly recognized as a type of child maltreatment that has a level of impairment similar to other types of abuse and neglect. Despite advances in the area of IPV, the safety planning strategies recommended as part of the overall response to IPV need to be examined in terms of their implications for children. This article discusses these strategies within the context of child safety, comparing IPV safety planning with approaches aimed at reducing exposure to other types of violence such as child sexual abuse, as well as general child safety strategies. Despite the emphasis on safety planning in information available on responding to IPV, the actual effectiveness of such planning in improving safety and reducing violence is unknown. Safety planning provided to children by a parent experiencing IPV, especially when IPV is ongoing and not recognized by anyone outside the home, may lead to confusing messages for children, particularly if there is an emphasis on secrecy. While awaiting evidence about the effectiveness of specific safety planning strategies for children, we suggest basic principles and general strategies that emphasize universality in terms of education about any type of violence or abuse in the home being unacceptable, as well as the need to focus on safety in general.     

论有效辩护

有效辩护是一种目的、手段、效果相统一的活动。它强调辩护的有效性与实质性,它所追求的不仅是形式上的,更应是实质上的。影响有效辩护的因素是多方面的,但根本性的因素是立法依据的缺失和观念上的偏解与不尊重。为此,完善刑事辩护制度应该从制度、原则层面上去建构。     

Melancholic mothering: mothers,daughters and family violence

Through selected theories of melancholia, this paper seeks to shed some fresh interpretive light on the reproduction and disruption of gender, violence and family turmoil across generations of mothers and daughters. The originality of the paper lies in its exploratory deployment of theories of melancholia to consider issues of women, violence and generation. It addresses these matters through a discussion of the intergenerational emotional archives accumulated by two mother–daughter pairs in relation to their different experiences of sexual and other violence. It shares the mothers’ experiences of violence in their childhood and shows how these help to shape the ways in which they raise their daughters and address the troubles that their daughters experience. Different theories of melancholia assist us to explain the dissimilar emotional dynamics between these mother and daughter pairs. But equally their stories suggest the analytical potential of different theories of melancholia for understanding women’s and girls’ diverse responses to violence. Freud’s, Irigaray’s and Silverman’s constructions of melancholia, which are to some extent based on notions of emptiness, lack and insufficiency, are deployed alongside Eng and Kazanjian’s interpretation of a melancholic state of being which focuses on the creative potential of animating the remains of loss; an interpretation that invokes an agential relationship to the losses that violence provokes. The former help to explain what Eng and Kazanjian might see as the ‘hopeless politics’ associated with certain melancholic responses to violence and the latter help to explain what they might consider more ‘hopeful politics’ associated with responses that mobilise a more agential relationship to loss. Although not subscribing to such a stark binary interpretation, we nonetheless argue for an analysis that acknowledges the different ways that the remains of loss are animated. The paper arises from a wider cross‐generational study in Australia of the lives of educationally, economically and culturally marginalised young women and their mothers.     

Maladaptive schemas as mediators of the relationship between previous victimizations in the family and dating violence victimization in adolescents

This study examined whether exposure to family violence, both in the form of direct victimization and witnessing violence, predicted dating violence victimization in adolescents through maladaptive schemas. A sample of 933 adolescents (445 boys and 488 girls), aged between 13 and 18 (M = 15.10), participated in a three-year longitudinal study. They completed measures of exposure to family violence, maladaptive schemas of disconnection/rejection, and dating violence victimization. The findings indicate that witnessing family violence predicts the increase of dating violence victimization over time, through the mediation of maladaptive schemas in girls, but not in boys. Direct victimization in the family predicts dating violence victimization directly, without the mediation of schemas. In addition, maladaptive schemas contribute to the perpetuation of dating violence victimization over time. These findings provide new opportunities for preventive interventions, as maladaptive schemas can be modified.