法益保护原则视阈下儿童色情制品持有入罪论

儿童色情业已成为一个严重侵害儿童权利的世界性问题,引起了国际社会的普遍关注。各主要国家在刑事法律中,纷纷将制作、复制、出版、贩卖、传播儿童色情制品的行为纳入刑法调整对象之外,对儿童色情制品持有行为进行刑事规制。法益保护原则一直是我国刑事立法的基本指导原理,以法益保护原则视角分析,在我国儿童色情制品持有行为犯罪化具有正当性,应通过刑事立法将儿童色情制品持有行为纳入刑法规制范围。     

美国网络儿童色情物品持有罪的立法变革

儿童色情影像的存在不仅对受害的儿童造成极大的身体和心灵的伤害,更是同样地对社会的伤害。而持有儿童色情物品,等于支持了儿童色情业的市场。每一个儿童色情制品,无不是对儿童性虐、猥亵与损害的活生生的写照。因此,许多国家的儿童色情法意图摧毁儿童色情的市场,因为它本身是对儿童的虐待。为铲除儿童色情市场,惩罚网络儿童色情持有势在必行。美国很早就制定了儿童色情防治法,现已形成完备的立法体系。相比而言,我国尚未有儿童色情防治法,也没有专门负责网络儿童色情犯罪防治的部门。     

失踪儿童案件的分类及处置对策

失踪儿童案在人口贩卖案件中比重越来越大,这对青少年的成长以及社会发展带来极为不利的影响,因此,我国警方应借鉴西方经验,采取必要措施,通过国内与国际的合作,借助社会组织、网络、媒体的力量应对失踪儿童问题．以维护社会治安。     

给孩子一个心灵充盈的暑假

儿童青少年是国家的未来和希望,因此,提升儿童青少年的身心素质、提高儿童青少年社会福利,成为社会各界共同努力的方向.以“提高社会福利水平和社会生活素质,实现个人和社会的和谐一致”为奋斗目标的社会工作,同样将儿童青少年工作置于非常重要的位置,希望通过社会工作者的专业服务,帮助儿童青少年健康成长. 儿童青少年有其特殊的身心特点,准确把脉他们的需要和特点,运用娴熟的工作方法,开展内容丰富的服务,是社会工作者获得儿童青少年接纳的重要“装备”.在儿童青少年身心放松的暑假,或许是社工更好服务他们的良好契机.     

网络色情的魔道之战

网上淫秽色情信息泛滥，严重危害青少年的身心健康，人民群众反应十分强烈。     

青少年网络成瘾与社会工作的介入

网络成瘾不只是一个生理或心理的问题,它更是一个社会问题。对于青少年网络成瘾问题的理解,可以借鉴人在情境中的理论,同时从生理、心理与社会等多个面向综合审视。由此,对于我国日渐严重的青少年网络成瘾问题的应对,则需要超越生物医学模式,逐渐引入社会工作的理念,注重其成瘾的社会情境与内在潜能的作用。本文讨论了社会工作介入青少年网络成瘾问题的可能路径。     

探析青少年网络犯罪的成因及预防对策

绚丽多姿的网络世界就像潘多拉魔盒，在给人类带来种种便利和享受的同时也带来了阴暗丑陋的一面。当前，网络犯罪尤其是青少年网络犯罪正成为了一个亟待解决的令人头痛的问题。一些网吧经营者由于受利益驱动，违规向青少年提供含有色情、暴力、赌博的有害信息，使一大批青少年沉迷其中,身心健康受到严重损害，与网络相关的犯罪丛生，     

优化儿童成长环境是社会的重要责任——“儿童成长环境与社会责任”理论研讨会综述

儿童健康成长是中国社会的重要责任,当前,儿童成长环境中还存在一些不利于儿童成长的客观因素,比如家庭过度教育问题、教育机制导向问题、儿童安全问题、青少年犯罪及立法问题等。因此,必须加强儿童工作的力度,切实落实相关政策,为儿童的健康成长提供有利的保护。习近平总书记在2013年“六·一”前夕以一个大朋友身份来到北京市少年宫,向全国儿童祝贺节日的同时,勉励儿童既要学习书本知识,又要多学课外知识;既要勤于思考,又要培养创造精神。以此为契机,上海社会科学院青少年研究所举办了“儿童成长环境与社会责任”研讨会．就以上问题展开热烈讨论,并提出具体策略以供相关部门参考。     

雏妓:台湾触目惊心的社会问题

卖淫妇女日趋增多、色情市场到处皆是,这是资本主义社会司空见惯的社会丑恶现象。可是,把雏妓当作色情对象,对年幼无知的少男少女施行摧残身心的性虐待,却是“二战”后才在资本主义社会较为普遍,并呈现愈演愈烈的趋势。据保守估计,巴黎有5000名男性雏妓和3000名女性雏妓,美国的雏妓则高达30万名;每年在英国有1500名青少年失踪,多数都沦为雏妓。如果说过去雏妓组织仅在东南亚某些城市活动,那么现在巴西、秘鲁、美国、法国、英国、西德等国家也开始盛行。     

留守儿童与青少年教育及其方式探讨

[摘要]留守儿童及青少年活动站的建立及其活动的开展事关一个地区的稳定与安宁,各级政府及其社会力量均应该倾注一定的人力、财力和物力。各级党政应该将留守儿童及青少年活动站的建立、管理与发展纳入自己的议事日程,进行常态化的建设与管理,将管理的效果纳入地方政府政绩考核之中。国家在留守儿童及青少年活动站的建立方面,应按一定比例进行长期投入,将这一投入纳入财政规划之中。     

Relational Anxiety and Sexting

Individuals in pursuit of, or currently in, a romantic relationship typically communicate via technology, extending to sexting with one another. Sexting is commonly understood as the sending and receiving of sexually suggestive or sexually explicit photos, video, or text via cell phone or other technologies. The characteristics that fuel whether one engages in sexting are not well understood. In this study, 459 unmarried, heterosexual undergraduate students (female = 328; male = 131), aged 18 to 25 years, from three universities completed an online questionnaire about their behaviors with technology and romantic relationships. In general, low attachment avoidance and high fear of negative evaluation from the dating partner predicted sending a sexually suggestive photo or video, sending a photo or video in one’s underwear or lingerie, and sending a sexually suggestive text. High fear of negative evaluation predicted sending a nude photo or video as well as sending a text message propositioning sex. Low attachment avoidance, greater fear of negative evaluation, and greater social distress when dating were associated with sexting behaviors.     

Prevalence and profile of sexting among adolescents in Ecuador

Sexting is an emergent phenomenon in adolescents that has been studied in the USA and Europe, but scarcely in Latin American countries. This study examined the psychometric properties of an instrument to measure sexting and analyzed the prevalence, correlators, and profile of sexting among Ecuadorian adolescents. Participants were 664 students aged between 12 and 18 years (M?=?14.6, SD?=?1.74) who completed a battery of questionnaires. Results showed a higher prevalence of passive sexting (18.5%–22.3%) than of active sexting (3.5%–18.5%). Sexting was not related to socioeconomic status, but was more prevalent among boys, late and middle adolescents, and those in a romantic relationship. In these groups, wanting to have sex was the main motivation for sexting, whereas joking with people was the main reason endorsed by girls and early adolescents. Those adolescents who scored higher on active sexting were more likely to sext with someone regarded as attractive and more likely to endorse wanting to have sex or dating as the motivation for sexting. The findings suggest that sexting is a way of expressing sexuality and that it is related to romantic interaction. The results are discussed in relation to preventing possible risks and negative consequences of sexting.     

Digital crime,trauma, and abuse: Internet safety and cyber risks for adolescents and emerging adults in the 21st century

ABSTRACT

The shift in the technology landscape has altered the technology ecosystem of adolescents and emerging adults in the 21^st century. Yet, with greater use of digital gadgets comes greater mental health risks that technological advancement brings. This study provides a narrative review of contemporary cyber risks faced by adolescents and emerging adults. In particular, this review will cover dangers and effects of cyber-bullying, social media, cyber-dating violence, sextortion, sexting, revenge porn, online dating, catfishing, and scammers, with an emphasis to raise awareness and encourage proactive efforts dedicated to address these social concerns as the digital era continues to evolve.     

Sexting: adolescents’ perceptions of the applications used for,motives for,and consequences of sexting

This study explores adolescents’ perceptions of applications used for sexting, the motives for engaging in sexting, and the consequences they relate to sexting behavior. We conducted 11 same-sex focus groups among 57 adolescents (66.67% females; n?=?38) between 15 and 18 years old in Flanders, Belgium. The analysis revealed that sexting mostly occurs through smartphone applications, such as Snapchat, which are perceived to be a more intimate form of communication than other digital applications, such as social networking sites. Both female and male respondents observed that girls might sometimes feel pressured to engage in sexting. They did so mostly out of fear that otherwise they would lose their boyfriends. Female and male respondents mentioned three main ways in which sexting photographs could be abused: (1) they could be used to coerce or to blackmail the victim, (2) they could be distributed out of revenge after the breakup of a romantic relationship, or (3) they could be forwarded or shown to peers in order to boast about having received the digital photograph. Anecdotes, which illustrate our findings, are included in the results. Suggestions for future research and implications for practice are discussed.     

Objectifying or Liberating? Investigation of the Effects of Sexting on Body Image

Scholars are divided as to whether sexting—an unprecedented sexual activity using digital media—is objectifying or sexually liberating. One notion is that sexting involves the representation of an individual’s sexuality in the presence of others and thus reinforces objectification. Another perspective contends that the self-portrayal of the body in sexting facilitates the exploration of sexual subjectivity and is, therefore, sexually liberating. By testing a model of sexting, objectified body consciousness (body surveillance, body shame, and body control beliefs), and comfort with nudity (indicator of sexual liberation) on 361 college students in Hong Kong, the current study revealed that, across genders, sexters demonstrated higher levels of body surveillance, body shame, and comfort with nudity than nonsexters. The results suggest that sexting is both sexually objectifying and liberating and that it has opened up a new sexual arena that combines sexual objectification and empowerment.     

Images across Europe: The sending and receiving of sexual images and associations with interpersonal violence in young people's relationships

This article explores young people's experiences of sending and receiving sexual images and text messages (sexting) within their interpersonal relationships and the contexts in which this occurs. The article uses data from a recent Daphne funded project ‘Safeguarding teenagers' intimate relationships’ (STIR) involving a survey with 4564 young people aged between 14 and 17 in a number of schools across five countries in Europe. Findings reveal that experiences of sexting vary by country and gender. The study also found that young people who reported victimisation in their relationships were more likely to have sent a sext message than those who had not. The article points to the need for a more nuanced understanding of the varied contexts and experiences around sexting in order to better develop policy, practice and education in this area.     

AN ECONOMIC ANALYSIS OF BANKRUPTCY STATUTES

Personal bankruptcy statutes are analyzed as social insurance agreements. The risk-sharing and incentive effects resulting from changes in bankruptcy laws are studied. It is shown that increasing the leniency of bankruptcy statutes may have unambiguous short-term benefits to potential bankrupts, but may be detrimental in the long-run.     

Surrogate Motherhood:

The use of reproductive technology for surrogate motherhood arrangements facilitates the possibility that a child might have three mothers; a genetic, a gestational and a social mother. This possibility challenges the traditional legal definition of mother as the woman who gives birth to the child; a definition that emphasizes the mother/fetus relationship. State statutes and court cases are examined to identify what changes, if any, have occured in the legal definition of mother. Recognition of separation of roles is occurring, thus challenging the traditional legal definition of mother and the mother/fetus relationship.     

Problematic alcohol use and sexting as risk factors for sexual assault among college women

ABSTRACT

Sexual assault is a major public health concern and college women are four times more likely to experience sexual assault than any other group. We investigated whether sexting is a mechanism by which alcohol use increases risk for college women to be targeted for sexual assault. We hypothesized that sexting would mediate the relationship between problem drinking and sexual assault, such that drinking (T1 = beginning fall semester) would contribute to increased sexting (T2 = end fall semester), and in turn increase the risk of being targeted for sexual assault (T3 = end spring semester). Results: Among 332 undergraduate women (M(SD)age = 19.15(1.69), 76.9% Caucasian), sexting (T2) predicted sexual assault (T3; b = 3.98, p = .05), controlling for baseline sexual assault (b = 0.82, p < .01). Further, sexting (T2) mediated the relationship between problem drinking (T1) and sexual assault (T3) (b = 0.04, CI[.004,.12]). Conclusion: Findings suggest that sexting is one mechanism through which drinking increases the risk of college women being targeted for sexual assault.