被害人利益的维度考量之刑法意义思考——以亲告罪为视角

随着"被害人学"的勃兴,被害人的主体地位、权利救济等在刑事政策的变迁中得到彰显,由此影响到刑事立法对被害人利益的尊重与考量。反观我国刑法,除了亲告罪,几乎没有对被害人主体利益特别是自我决定的尊重与保护,这不利于扩张刑法的法益保护机能与贯彻刑法谦抑性理念。为了让被害人利益在我国刑法中得到彰显,不仅要在完善亲告罪立法体例基础上适度扩张其适用范围,还要对被害人承诺进行适度的法定化,明确被害人承诺的概念,并就被害人对身体健康权的承诺进行限定,以与新增设的组织出卖人体器官罪的设置保持协调。     

The victim–offender overlap in late adulthood

This study contributes to the general knowledge of the victim–offender overlap by determining whether the phenomenon exists among older adults and whether known correlates of crime and victimization explain the relationship. Cross-sectional survey data from telephone interviews conducted with individuals 60 years and older (N = 2,000) residing in Arizona and Florida are used to estimate confirmatory factor models for both victimization and criminal offending. The results from a series of multivariate regression models show that victimization is associated with criminal offending. While factors such as low self-control, depression, and spending time in commercial drinking establishments partially attenuate the victimization–crime link, the statistically significant relationship persists in a multivariate context. Further testing indicates that the observed findings are robust across measurement and modeling strategies. Coupled with prior research, the results support the argument that the victim–offender overlap exists (and is difficult to explain) over the life course.     

Staff Reactions Toward Lesbian,Gay, or Bisexual (LGB) People Living in Residential Aged Care Facilities (RACFs) Who Actively Disclose Their Sexual Orientation

Fifty-three staff members currently working in residential aged care facilities located in Barcelona, Spain, were asked about the way they would react if a resident told them that he or she felt sexually attracted and had maintained sexual relationships with another resident of the same gender. Acceptance of non-heterosexual sexual orientation was a frequent answer, and around one in four professionals stated that they would try helping the resident in question, by offering a private space or giving some emotional support. However, some reactions were not consistent with a respectful approach toward sexual diversity, as, for instance, informing the resident’s family or advising the resident to keep his or her sexual orientation hidden. We highlight the importance of developing formal policies and offering formal training to staff in order to address the specific needs of older LGB people living in RACFs.     

论职业病病人的人身损害补偿与赔偿请求权--以《职业病防治法》第58、59条规定为中心

职业病病人的人身损害通常具有缓发性、不可逆等特质。《职业病防治法》第58、59条分别规定了工伤保险待遇给付请求权和人身损害赔偿请求权。工伤保险待遇在本质上属于人身损害补偿,如要实现损害之全部填补,职业病病人可以选择从契约关系、侵权行为、保险契约、法律之特别规定等视角,以仲裁或诉讼方式请求用人单位予以人身损害赔偿。     

The influence of acculturation level and family relationships on quality of life among U.S. Chinese older adults

ABSTRACT

The present study examined the influence of acculturation level and family relationships (i.e., positive family support and negative family strain) on quality of life (QOL), using the data from the Population Study of ChINese Elderly (PINE) in Chicago (N = 3159). Controlling for sociodemographic variables and health status, it was found that individuals’ acculturation level and positive family support were positively related to QOL, whereas negative family strain was negatively associated with QOL. More importantly, higher acculturation levels were associated with increased protective effects of positive family support and reduced risk effects of negative family strain on QOL among U.S. Chinese older adults.     

Barriers to Remarriage Among Older People: Viewpoints of Widows and Widowers

We conducted this research based on a qualitative approach to describe the opinions of older widows and widowers on remarriage obstacles. Based on purposive sampling and inclusion criteria, we chose 48 participants on maximum diversity of sex, age, education, employment, and socioeconomic status. Two thirds of the participants were female, 40% had spent more than 10 years widowed, and 65% were living with their children. We collected data individually through semistructured, face-to-face interviews. Based on conventional content analyses, 2 independent researchers implemented data analysis manually. Barriers to remarriage were finally categorized into 4 main themes: personal, normative, interactive, and financial factors. Results of this study showed that older people are more concerned about public opinions and social norms surrounding remarriage. As long as these thoughts and norms are not changed, the concept of remarriage among widows and widowers remains a vital taboo and concern.     

Homemaking,Temporality and Later Life

Abstract

While much literature has focused on the meaning of home, relatively little has been conducted on homemaking in later life. This paper demonstrates the importance of time in conceptualizations of home. Using an extensive case study from a multi-interview study with eight older people in England, it is shown that gardening can form the basis of a temporal framework which structures a life. Importantly, gardening can seem essential in homemaking and a reason not to move to residential living. This paper builds on literature that suggests home is a process and that people’s conceptualization and experience of home develop throughout their lives. As ageing and dying have become long and complicated processes, it is argued older people may find this challenging as this makes it difficult to prepare for the end of life.     

The Experiences of Reciprocity among Filipino Older Adults in Canada: Intergenerational,Transnational, and Community Considerations

ABSTRACT

This article illustrates the concept of reciprocity in the context of immigrant families. It recommends that definition of reciprocity account for exchanges beyond the immediate family, and render visible the simultaneous location of older people as care recipients and providers, and care arrangements across generations, borders, community, and time. Adopting a critical ethnographic study on the aging and care experiences of older Filipinos in Canada, this article analyzes data from extended observations and in-depth semi-structured interviews with 18 older people, 6 adult children, and 13 community stakeholders. Findings highlight the unique configurations of care among the Filipino community whereby older people engage in care exchange as active participants across intergenerational, transnational, and fictive kin networks.     

Perceived Need for Home- and Community-Based Services: Experiences of Urban Chinese Older Adults With Functional Impairments

Guided by Cantor’s social care model, this study identified individual, family, and social support factors that influence urban older adults’ need for home- and community-based services, including medical and rehabilitation, instrumental care and support, and psychosocial services. The data were extracted from the Sample Survey on Aged Population in Urban/Rural China conducted by the China Research Center on Aging in 2006. Results from multiple logistic regression show that older adults’ need for medical and rehabilitation services is significantly related to instrumental activities of daily living, depression, not having filial children, friend support networks, and having a confidant. Older adults’ need for instrumental care and support is related to their educational attainment, financial strain, instrumental activities of daily living, not living with children, and friend support networks. Finally, older adults’ need for psychosocial services is significantly related to educational attainment, depression, not being married, friend support networks, and having a confidant. Implications for social service development are discussed.     

The Impact of In-Home Services Utilization on the Institutionalization of Older People in Korea

As a result of aging populations, institutionalization of older people is creating an increasing financial burden in many countries. The purpose of the present study was to explore the impact of in-home service utilization on institutionalization. The subjects were newly certified as eligible for long-term care insurance between January and February 2009 in Korea. The follow-up period was 40 months, to April 2012. We used logistic regression models to identify factors influencing the transition to institutional service, adjusting for gender, age, living status, income level, activities of daily living, and chronic disease. The institutionalization rate was estimated to be 17.3% over 40 months. The interval from transitional living to institutionalization was 36 ± 8 months. Risk factors of transition to institutional services are being female, having advanced age, living with friends or cousins, getting dementia, and not using in-home services. We determined that institutionalization is mitigated by use of in-home services. Therefore, supplying appropriate in-home services to current nonusers would help to greatly reduce the rate of institutionalization of older people.