被害人的上诉权再探

本文在已有的研究基础上 ,从审判权的特性、程序公正、诉讼模式等方面对公诉案件被害人应该享有上诉权进行了分析     

论被害人陈述的法律地位

被害人在刑事诉讼中所同时具备的当事人角色与实质证人角色之间的冲突，是所有当事人证据都存在的普遍性问题，并不足以否定被害人陈述作为证据的适格性。由于被害人在公诉案件审判程序中并不具备独立的控诉职能，因此相关之角色紧张在一定程度上得以缓和。在我国刑事证据制度构筑封闭式的证据分类体系的情况下，人证及当事人证据在分类逻辑上的要求，决定了被害人陈述不仅是适格的诉讼证据，而且构成独立的法定证据种类。     

论杀人犯罪被害人与刑事司法参与

杀人犯罪被害人是指因杀人犯罪行为而遭受直接侵害的自然人。杀人犯罪被害人参与刑事司法，具有重要意义和价值，其途径主要有量刑参与和刑事和解。此外，在被害人具有过错的情况下，其也以独特的方式参与到刑事司法程序之中。     

Perceptions of Domestic Violence in Lesbian Relationships: Stereotypes and Gender Role Expectations

In light of evidence suggesting that violence between lesbian couples is oftentimes dismissed as “mutually combative,” expectations that support this perception were examined. Participants (N = 287) evaluated a domestic violence situation within the context of a lesbian partnership. As physical appearance may be used to support gender- and heterosexist-based stereotypes relating to lesbians, participants evaluated a domestic violence incident wherein the physical appearance of both the victim and perpetrator were systematically varied. Overall, women perceived the situation as more dangerous than did men. However, among women, the plausibility of the victim's claim, and blame assigned to the perpetrator and victim, varied as a function of the physical appearance of the couple. Implications of this research as well as future directions are discussed.     

“A rape was reported”: construction of crime in a university newspaper

Historically, the news media have engaged in high rates victim blaming in their reporting of sexual assaults. However, in recent years, gains in civil rights and renewed attention to Title IX may mean sexual assault victims are receiving less-biased news coverage. Using a content analysis, we examined the tone and message of all crime stories published in one United States university newspaper from academic year 2015–2016 (n = 99). Comparing attributions of responsibility made to both victims and offenders across several major crime categories (rape, murder, sexual assault, robbery, physical assault, sexual misconduct, and sexual abuse), and consistent with historical trends, we found higher levels of victim blaming in stories on rape and sexual assault than any other crime. We identify rhetorical devices commonly used to discredit the victim and/or absolve the perpetrator. Despite perceived gains achieved by Title IX, news coverage continues to buttress victim blaming culture.     

From Destruction to Reconciliation

SUMMARY

Daniel Johnson discusses how the application of “restorative justice” in his own life and in the life of the victim of his criminal offense contributed to his personal regeneration and healing for his victim. Mr. Johnson challenges criminal justice policy-makers to create conditions where “restorative justice” can be employed in the broadest sense in order to do what contemporary, punitive, retributive criminal justice systems are largely incapable of doing, that is, facilitate lasting offender rehabilitation and healing for crime victims and communities, and to offer opportunities for victim-offender reconciliations.     

It Takes Two to Fight in School,Too: A Social Relations Model of the Psychometric Properties and Relative Variance of Dyadic Aggression and Victimization in Middle School

Aggressive behavior has been well studied in terms of interindividual differences among aggressors and victims, but has been understudied, especially within naturalistic contexts, in terms of aggressor–victim relationships. The social relations model (SRM) is a powerful conceptual and analytic tool for studying dyadic phenomena, and we describe the use of multivariate SRM to study aggression. Boys and girls (N = 210) in middle schools (sixth and seventh grades) completed a newly created dyadic aggression and victimization inventory (DAVI). Results support the reliability and validity of the DAVI in assessing inter‐individual and inter‐dyadic differences in aggression and victimization. Occurrences of aggression were accounted for primarily by inter‐dyadic variability, indicating the importance of considering aggressor–victim relationships. We discuss the implications of this relationship focus for future research and intervention efforts.     

Univariate and multivariate models of positive and negative networks: Liking,disliking, and bully–victim relationships

Three relations between elementary school children were investigated: networks of general dislike and bullying were related to networks of general like. These were modeled using multivariate cross-sectional (statistical) network models. Exponential random graph models for a sample of 18 classrooms, numbering 393 students, were summarized using meta-analyses. Results showed (balanced) network structures with positive ties between those who were structurally equivalent in the negative network. Moreover, essential structural parameters for the univariate network structure of positive (general like) and negative (general dislike and bullying) tie networks were identified. Different structures emerged in positive and negative networks. The results provide a starting point for further theoretical and (multiplex) empirical research about negative ties and their interplay with positive ties.     

建立刑事被害人社会保险制度的思考

为从法理上探讨刑事被害人的经济困境，运用价值分析和类比分析方法，对中国现有的社会保险制度进行分析，并对建立刑事被害人社会保险制度进行了论证。分析认为，中国现有的社会保险制度在解决刑事被害人经济困境问题上作用不大，但只要对其稍作改造，则可以发挥大的作用。同时认为，建立刑事被害人社会保险制度，要充分利用现有的社会保险制度，坚持与中国经济发展水平相适应和方便刑事被害人的原则。