家庭暴力的违法性特征研究

《中华人民共和国反家庭暴力法》的颁布实施,进一步充实了我国家庭法律规范,对于基于亲权关系形成的家庭成员内部,有了明确的法律上的界定和规制。根据该法规定,所谓家庭暴力,是指家庭成员之间以殴打、捆绑、残害、限制人身自由以及经常性谩骂、恐吓等方式实施的身体、精神等侵害行为。因此,家庭暴力是违法行为,是属于法律所禁止的行为。但社会是多元的,具体社会情况的复杂程度也远远超出了法律所能涵盖的范围。家庭暴力是发生在有血缘或亲缘关系、互负家庭义务的家庭成员之间的一种违法行为。如何恰当地适用法律让加害人承担相关的法律责任,产生良好的社会后果,即法律效果和社会效果的统一,这才是每一个法律人所追求的符合社会要求的正义。根据家庭暴力自身的特殊的违法性特征,综合分析研究家庭暴力的违法性特征,有助于理解和执行《反家暴法》。     

建立完善的法律制度预防和制止家庭暴力

家庭暴力作为一个突出的社会问题,已经引起国际广泛的关注。为有效预防和制止家庭暴力的发生和蔓延,我国政府和各职能部门采取了一系列措施,但是,在反对家庭暴力的立法领域仍然存在着许多缺欠。明确家庭暴力的内涵,完善家庭暴力法律法规,建立多层次社会支持体系,将对预防和制止家庭暴力,构建和谐社会具有重要意义。     

Intimate partner violence in neighborhood context: The roles of structural disadvantage,subjective disorder,and emotional distress

Most theoretical treatments of intimate partner violence (IPV) focus on individual-level processes. Some researchers have attempted to situate IPV within the larger neighborhood context, but few studies have sought to link structural- and individual-level factors. The current analyses fill a research gap by examining the role of anger and depression in the association between neighborhood disadvantage and IPV. Using data from the Toledo Adolescent Relationships Study (TARS) and the 2000 Census, this study focuses on structural indicators of disadvantage as well as subjective disorder, and highlights the complex associations between neighborhood conditions, emotional distress, and IPV. Findings indicate that anger and depressive symptoms partially explain the association between neighborhood disadvantage and IPV. Additionally, the associations between disadvantage, disorder, and IPV depend on respondent’s level of anger. Results underscore the need to further consider the role of neighborhood factors (both objective and subjective) in relation to IPV, and also suggest the utility of introducing individual-level emotional measures to assess the circumstances under which neighborhoods matter most.     

司法介入家庭暴力研究

家庭暴力的存在由来己久,但由于家庭暴力发生在家庭内部,远离公众视线,很难被外界知晓。欧美许多国家不断加强对家庭暴力的研究,治理家庭暴力的各种法制措施不断完善。我国由于现代法制起步较晚,法制不够健全,司法机关对家庭暴力缺少全面的主动介入,导致家庭暴力得不到应有的关注和司法救济。通过对部分发达国家司法介入家庭暴力途径的研究,并结合当前我国司法介入实践,提出一些相应的方法来完善我国司法介入家庭暴力的规制。     

The Characteristics of Romantic Relationships Associated with Teen Dating Violence

Studies of teen dating violence have focused heavily on family and peer influences, but little research has been conducted on the relationship contexts within which violence occurs. The present study explores specific features of adolescent romantic relationships associated with the perpetration of physical violence. Relying on personal interviews with a sample of 956 adolescents, results indicate that respondents who self-report violence perpetration are significantly more likely than their non-violent counterparts to report higher levels of other problematic relationship dynamics and behaviors such as jealousy, verbal conflict, and cheating. However, we find no significant differences in levels of love, intimate self-disclosure, or perceived partner caring, and violent relationships are, on average, characterized by longer duration, more frequent contact, sexual intimacy and higher scores on the provision and receipt of instrumental support. Finally, violence is associated with the perception of a relatively less favorable power balance, particularly among male respondents. These findings complicate traditional views of the dynamics within violent relationships, add to our understanding of risk factors, and may also shed light on why some adolescents remain in physically abusive relationships.     

Fear of violence during armed conflict: Social roles and responsibilities as determinants of fear

This article investigates the prevalence and determinants of fear as a consequence of living through armed conflict. We use survey data from Nepal during the armed conflict (1996–2006) to examine how trauma, sex and gender, age, marriage, and household size affect fear of violence. We also disaggregate types of worry, and find substantial variance on whether respondents were more concerned about livelihood consequences of conflict than physical danger. We supplement quantitative analyses with discussion of in-depth interviews from the study area on these same topics. Overall, our results highlight the enduring impact of gender roles in Nepal and that conflict might disproportionately affect those who are already vulnerable and have greater social responsibilities. This article provides a unique comparison between fear of violence during armed conflict in a low-income country to the fear of crime literature based in high-income countries.     

Women's age at first marriage and postmarital agency in Egypt

Early – or child – marriage (before age 18) may diminish women's ability to exercise agency, or their capacity to act upon their goals. Using a propensity score adjustment approach, we analyzed data from 2394 married women ages 35–49 years who participated in the 2006 Egypt Labor Market Panel Survey (ELMPS). We examined whether women's first marriage at age 18 or older was associated with their post-marital agency, measured in terms of their influence in family decisions, freedom of movement in public spaces, and unfavorable views about intimate partner violence against wives. In bivariate analyses, women's age at first marriage was positively associated with their decision-making and more equitable gender attitudes. However, once we controlled for selection into age-at-first-marriage groups, there were no significant differences between the two age-at-first-marriage groups in any dimension of women's agency. We examined the sensitivity of the non-significant age-at-first-marriage effects to possible violations of the strong ignorability assumption and the results did not alter our conclusions. The assumption that women's age at first marriage is a proxy for their post-marital agency, as defined here, warrants further study.     

论暴力对人的奴役——别尔嘉耶夫暴力思想探析

别尔嘉耶夫认为,暴力包括显性暴力和隐性暴力两种类型。隐性暴力奴役人的形式主要包括教育形式、历史形式、社会舆论形式、金钱形式与生活惯性形式。暴力产生的原因在于施暴者精神上的软弱无力。别尔嘉耶夫深邃的暴力理论为解放人提供了现实途径,但仅从精神层面分析暴力产生的原因是其理论的局限之处。     

How does gun violence affect Americans’ trust in each other?

This article examines how Americans' actual experience of gun victimization affects their trust in others and how this further connects to the widely-discussed association between gun crime and trust at the place level. Analyzing data from the U.S. General Social Survey (GSS), I find that, regardless when it occurred in life, Americans who were victimized by guns trust much less in others than those who had no such experience. In terms of the size of the effect, repeated gun victimization has the strongest effect, followed by adulthood victimization, and then childhood victimization. I also find that individuals who later achieve higher socioeconomic status are better able to recover from the psychological effect of childhood gun victimization, lending support for the experiential theory of trust that people can update their trust according to changing experiences later in life. Finally, combing the GSS data with data from the U.S. Centers for Disease Control and Prevention (CDC), I also show that higher percentages of nonfatal and fatal gun violence victims lead to lower levels of trust both across and within the U.S. census divisions over time. Findings of this study demonstrate that America's gun violence affects not only just those killed, injured, or present during gunfire, but it can also sabotage the social and psychological well-being of all Americans.     

性别公正视野下对受虐杀夫妇女的法律适用

社会公正是和谐社会的核心和实质,性别公正则是社会公正的重要内容。家庭暴力是一种具有明确性别特点的男人对妇女的暴力行为。受虐妇女以杀夫方式摆脱暴力固然不可取,但她们自身也是社会问题的受害者,她们杀人背后深刻的社会原因不容忽视。平等保护受虐妇女作为独立的人的基本权利,并充分考虑男女之间的自然差异和社会差异,对受虐杀夫妇女予以倾斜保护,根据案件具体情况判决无罪或减免刑罚,是性别公正社会应尽的责任。     

社会工作介入家庭暴力的优势分析

家庭暴力作为一个严重的社会问题越来越受到了国际社会和各国政府的广泛关注,我国妇联、司法等部门都对防治家庭暴力的有效措施进行了探索,社会工作作为专业化解决社会问题的应用社会科学也为家庭暴力的防治提供了新的视角。社会工作介入家庭暴力的优势具体包括：价值、理念优势;方法、技术优势;组织、机构优势与专业人员的优势。     

No experience required: Violent crime and anticipated,vicarious, and experienced racial discrimination

There is a growing body of evidence linking racial discrimination and juvenile crime, and a number of theories explain this relationship. In this study, we draw on one popular approach, Agnew's general strain theory, and extend prior research by moving from a focus on experienced discrimination to consider two other forms, anticipated and vicarious discrimination. Using data on black, white, and Hispanic youth, from the Project on Human Development in Chicago Neighborhoods (PHDCN), we find that experienced, anticipated, and to a lesser extent, vicarious discrimination, significantly predict violent crime independent of a set of neighborhood, parental, and individual level controls, including prior violent offending. Additional analyses on the specific contexts of discrimination reveal that violence is associated with the anticipation of police discrimination. The effects tend to be larger for African American than Hispanic youth, but the differences are not statistically significant. These findings support the thesis that, like other strains, discrimination may not have to be experienced directly to influence offending.     

我国女性遭受家庭暴力的根源与对策分析——以马克思主义异化理论为视角

家庭暴力,特别是女性遭受家庭暴力是一个严重的社会问题。从马克思主义劳动异化理论的视角看,女性遭受家庭暴力是性别异化的结果,社会性别角色的固定化是主要根源,父权制是最终根源。马克思对异化的扬弃是通过消灭私有制、消灭分工来完成的,因此,根除和减少家庭暴力就必须消解社会性别角色的束缚;提高女性的经济地位;扩大女性的政治参与权;增强女性防暴能力,同时,加强社会对家庭暴力的干预力度。     

Explaining relationships between ethnic diversity and informal social capital across European countries and regions: Tests of constrict, conflict and contact theory

In this study we focus on the relationship between ethnic diversity and informal social capital. As this refers to rather strong social ties in the intimate domain, it is a strict test of Putnam’s claim that ethnic diversity would decrease social capital. In order to explain these relationships, we derived mediating mechanisms from conflict and contact theory. Using data from the European Social Survey (2002/2003), we applied multilevel analyses considering three levels: individuals, regions and countries. Our results revealed a direct positive effect of ethnic diversity at the country level on informal helping, yet no indirect effect via the mediating variables. At the regional level, we only found an indirect effect of ethnic diversity. Here, ethnic diversity increases the likelihood of intergroup contact that in turn is positively related to both informal social meeting and helping. Perceived ethnic threat turned out to have a negative effect on informal social meeting.     

Impact of the spread of mass education on married women’s experience with domestic violence

This paper investigates the association between mass education and married women’s experience with domestic violence in rural Nepal. Previous research on domestic violence in South Asian societies emphasizes patriarchal ideology and the widespread subordinate status of women within their communities and families. The recent spread of mass education is likely to shift these gendered dynamics, thereby lowering women’s likelihood of experiencing domestic violence. Using data from 1775 currently married women from the Chitwan Valley Family Study in Nepal, we provide a thorough analysis of how the spread of mass education is associated with domestic violence among married women. The results show that women’s childhood access to school, their parents’ schooling, their own schooling, and their husbands’ schooling are each associated with their lower likelihood of experiencing domestic violence. Indeed, husbands’ education has a particularly strong, inverse association with women’s likelihood of experiencing domestic violence. These associations suggest that the proliferation of mass education will lead to a marked decline in women’s experience with domestic violence in Nepal.     

“打抱不平”的人肉搜索——相关网络暴力问题探析

"人肉搜索"所引发的网络暴力问题日渐成为社会公众广泛关注的社会问题,运用结构功能主义"失范理论"对该问题进行了简要分析,探讨了诱发网络暴力的社会结构性因素及对策建议.     

我国家庭夫妻暴力治理研究

家庭夫妻暴力问题的治理需要政府与社会的合力,首先政府应加大管理力度,同时建构以民间组织、媒介机构为主体的社会协作防控体系。作为有强制力的制度性途径,反家庭暴力的立法、司法观念和执法模式需要完善。而在促成和谐家庭的社会文化范围方面,注重加强反家庭夫妻暴力宣传与法制教育、提高妇女权利自我意识。     

Partner selection and social capital in the status attainment process

Why is individual success so strongly affected by parental socioeconomic status? We argue that parental socioeconomic status affects the socioeconomic status of one's romantic partner, thereby partially determining one's own social capital and socioeconomic status. Censored-inflated structural equation models using data from the NEtherlands Longitudinal Lifecourse Study (NELLS) and British Household Panel Survey (BHPS) confirm these relationships, while cross-lagged analyses suggest that they may be causal in nature. The strong tendency for people to have a romantic partner that reflects their socioeconomic origin shows how far the influence of the parental home stretches and why it does so.     

全球化背景下调解制度法律文化研究

以和谐为特征的调解方式在中国长期运用,从法理角度不乏弊端,但却日益为西方所接受和发展。调解制度与诉讼在性质、程序和文化等方面存在着重大区别,但调解的社会和法律效果已得到证实,除法律制度因素以外,调解中的文化因素影响不容忽视,个人主义文化与集体主义文化,外向型文化与内生型文化,单一型文化与多重型文化,高权力距离指数文化与低权力距离指数文化都会对调解的效果产生重要影响。对跨国文化的了解、沟通和认同都是有效调解的因素。全球化背景下,以调解制度为代表的多元纠纷解决机制将会复兴。     

Experiencing discrimination in Los Angeles: Latinos at the intersection of legal status and socioeconomic status

Despite its recent slowdown, immigration from Latin America continues to be a controversial issue. Some scholars argue that the social climate is increasingly inhospitable to Latinos, potentially fueling discriminatory attitudes and behaviors. However, little research has examined Latinos' experiences with discrimination, especially variation by nativity and legal status. We address this issue with research on perceived discrimination among Mexican and Central American residents of Los Angeles County, a major destination for Latin American immigrants. Using data from the Los Angeles Family and Neighborhood Survey and the American Community Survey, the analyses consider immigrants’ legal status, intersectionality, and competing perspectives on assimilation. The results show that undocumented immigrants do not report especially high levels of discrimination. Instead, young U.S.-born Latinos are the most likely to report mistreatment in interpersonal and institutional domains. Neighborhood ethnoracial and income diversity also have implications for perceived exposure to different types of discrimination.