论刑事和解中的刑事责任问题

刑事和解中的刑事责任问题是一个关系刑事和解制度在我国能否顺利发展的基本问题。本文从我国刑事责任的基本理论入手,具体阐明了刑事责任是犯罪的必然后果,刑事和解以行为构成犯罪为前提,必然需要承担刑事责任。但刑事和解可以减轻刑事责任,进而影响到刑事责任的承担方式,甚至在一定情况下导致免除处罚的后果。     

Identifying and Working with Older Male Victims of Abuse in England

SUMMARY

The abuse of men is still very much a taboo subject, so identifying older men who have been abused in childhood or adulthood can be very difficult. This paper discusses the problems in identifying older male victims by drawing on the findings of two research projects. Statistical evidence is presented regarding the victims and the abuse they have experienced. It is argued that in general resources are not readily available to facilitate disclosure or to help men through the healing process. An example of good practice is presented by discussing the work undertaken with an older man through group work.     

国际刑事法院被害人保障机制及其借鉴

《国际刑事法院罗马规约》的正式生效宣告了人类历史上第一个常设性的国际刑事法院的诞生。《规约》及其附件对被害人权益的保护给予了充分的保护，包括被害人诉讼参与权、知情权、人身权和隐私权获得保护的权利及获得赔偿的权利等，具有全面性、充分性及保障性的特点。考察国际刑事法院对被害人权益的保障措施，对完善我国的刑事被害人保障制度具有重要的借鉴意义。     

被害人问题:刑事司法的局限与可能

被害人问题为当下刑事法学界的重要议题,因对其利益的忽视而致现代刑事法治面临严重正当性危机."尊重被害人、考虑他们的需要"成为刑事法学及各国实践的重点.反观国内,许多被害人问题研究着眼于谋求在刑事诉讼中被害人地位的提升,而忽视了因无法改变的犯罪与刑罚的本质认识、司法的目的与其作为认识活动的性质等方面所决定了其在被害人问题解决上的难以克服的局限性.刑事司法固然在被害人问题解决上难当主力,但是在不损及被告人权利与诉讼目的前提下进行局部改良亦有保障被害人权利的可能.所以,应对被害人问题的现实作法是强调刑事司法与其他社会政策的互动与协调.     

No Place is Safe: Sexual Abuse of Children in Rural Bangladesh

During July 2007 to June 2010, BRAC, a nongovernment organization in Bangladesh, reported 713 incidents of rape and attempted rape of children (< 18 years) in rural Bangladesh. This study explores these 713 incidents to identify possible patterns related to the victims, perpetrators, and different dynamics of the incidents. Rape and attempted rape, particularly of young girls, constituted 64% of all reported incidents of violence against children. Children were found to be abused by men from all walks of life, mainly by non-family-members (83%). Similar diversity was seen in the location, time, and context of the incidents. The present study attempts to put forward an overall picture of the depth of the problem of child sexual abuse in rural Bangladesh, linking the incidents with the socially constructed gender relations of power and how it perpetuates sexual abuse of children, especially girls.     

Sexual Abuse in a Classroom of Ten Male Students: A Group Victimization

The term “professional perpetrator” is used to describe individuals who commit sexual abuse in the capacity of a position of trust such as a teacher, household member, or employer. There is an increasing body of evidence focusing on educator sexual abuse in the school environment. However, data are limited about this topic. The aim of this paper is to present the rare occurrence of the case of a male teacher in Turkey who sexually abused his students in an elementary school. Although it is unknown which populations are most vulnerable to sexual abuse, in Turkey we think that the indigenous population is at risk. Abuse cases are not logged into the criminal justice system because the majority of abuse allegations are ignored or disbelieved by families.     

The Relationship between a History of Childhood Sexual Abuse and Gender Role Attitudes

This study explored the relationship between childhood sexual abuse and gender role attitudes. Female university students rated themselves and their parents on gender role attitudes and history of childhood sexual abuse. Traditional participant gender role attitude and social isolation were associated with reporting being sexually abused as a child and may thus be risk factors for, or the result of a history of, CSA in women. Traditional participant gender role attitude and low income were associated with victim distress and therefore may be detrimental to coping with a history of childhood sexual abuse. Although replication of these results is needed, discovery of attitudinal and demographic variables associated with CSA may be important in the prevention and treatment of CSA.     

Victims’ Retrospective Explanations of Sibling Sexual Violence

ABSTRACT

While sibling sexual abuse may be the most common form of sexual violence within the family, relatively few studies have been conducted on this topic. The current study addresses this gap in the literature through analyses of thematic categories in narratives gathered from an online survey of sibling sexual violence. Survivors were asked to report why they believed their siblings had become sexually abusive toward them. Participants believed that their abusers had learned to be abusive due to their own victimization or exposure to pornography, were abusive to establish dominance over them, or had some undisclosed mental illness. While the study does not claim to test these explanations or include abusers’ own narratives, it offers insight as to how sibling sexual violence survivors make sense of their experiences and assign blame to abusers and their families. It also offers insights into future inquiries about sibling sexual abuse.     

商业性强制保险初论

商业性强制保险旨在通过强制保险的方式保护受害第三人、增进社会安全。但其自身尚存不少弊端,我国在设置和推行该制度时应慎重。较之于一般的商业保险,商业性强制保险在保险合同的缔结、保险合同的内容等方面具有显著的特性。     

Gender and the Seriousness of Assaults on Intimate Partners and Other Victims

We examine the ways in which assaults committed by male intimate partners are more serious than assaults committed by female partners and whether these differences reflect gender differences in offending and victimization generally. Analyses of the National Violence Against Women and Men Survey (N =6,480) show that, in general, gender effects do not depend on the victim's relationship to the offender. Regardless of their relationship (a) men cause more injuries; (b) women suffer more injuries although their injuries tend to be less severe; (c) victims are more fearful of male offenders but only if the offenders are unarmed; and (d) men are particularly likely to precipitate assaults by other men, not their female partners. Violent husbands do assault with particularly high frequency but so do women who assault family members.