试论对犯罪被害人的救济途径

刑事诉讼的发展史浓缩了刑事犯罪中两大对立者——被害人与加害人权利的消长过程。刑事诉讼作为被害人能够获得的最后救济手段,它的目的必须是能够惩罚加害人和有效地抚慰被害人。但随着人类文明的发展,人权的兴起及现代刑事诉讼理论的完备,刑事诉讼离上述目的逾来逾远,我们应让刑事诉讼重新归位,加强对被害人的救济。     

The use of ‘empowerment’ among organisations supporting victims of domestic violence in Sweden

The aim of this paper is to investigate the prevalence and character of ‘empowerment’ as an approach used by women's shelters, crime victim support groups and municipal crisis centres that provide support for battered women in Sweden. The study was based on a mail survey distributed among representatives of local crime victim support groups and women's shelters run by non-governmental organisations and the public sector (N = 207). The survey showed that empowerment was perceived as similar to the already established ‘help to self-help’ approach. Empowerment was described as a tool for individual change rather than collective action, although links to power-sensitivity and social change did appear in some answers. Contrary to expectations, the use of empowerment was not accompanied by comments on problematic power relations and difficulties in merging a non-directive approach with professional responsibilities. Using neo-institutional theory, results were interpreted in relation to established work-patterns and problems that empowerment was perceived to solve.     

戴西·菲伊：受害者抑或加害者——《了不起的盖茨比》中女主人公形象再探

本文结合女性主义批评与精神分析理论,深入剖析女主人公戴西的时代与家庭背景、人格与原始生命力,辩证论述了她不仅是父权社会受害者而且是盖茨比的加害者.     

Promoting child protection, welfare and healing: the case for developing best practice

This paper presents a 'best practice perspective' on child and family work. This involves moving beyond the 'deficit perspective' which dominates how the literature examines practice negatively in terms of what is not being done well to one which sets out best practice positively as a model for learning and developing systems and practice competencies. The paper focuses specifically on the meanings and development of best practice in family support in the context of child protection work. This involves work that is not only sensitive to achieving child protection and empowering practice in the context of power differences, but which meets the challenges of engaging therapeutically with and ultimately helping (often resistant) service users. The paper argues that issues of trauma and healing, and self-actualization more broadly, need to move to the centre of how family support and child protection are theorized and done. The aim should be to promote child protec-tion, welfare and healing through the development of egalitarian relationships in what Giddens calls the 'democratic family'.     

一石激起千层浪——《第一块石头》对女性主义的反思与挑战

《第一块石头》(The First Stone)是当代澳大利亚女作家海伦.加纳(Helen Garner,1942—)的一部"虚构批评式"(ficto-critical)非虚构作品。作者在事实和虚构之间书写,围绕1991年底发生在墨尔本大学奥蒙德学院的一起两位女生指控她们的院长性骚扰的事件展开个人化、主观性的评述,对传统女性主义性与权力关系进行反思并发起挑战,建构了一套后女性主义的新型话语。加纳质疑女性的受害者身份,指责年轻一代女性主义者将身体用作对抗男性的武器,在两性之间燃起战火与硝烟,最终将男性变成了女性主义的受害者。她指出,后现代时期倡导多元、宽容和谅解,女性主义者要力求化干戈为玉帛、寻求两性和谐发展。     

建立被害人社会保障制度的探析

因遭受犯罪行为侵害而成为孤、弱、病、残者,成为贫弱者的被害人不在少数。他们与其他接受社会保障支助的社会成员一样,都应该受到来自社会保障的支助。为此,应建立被害人社会保险制度和被害人社会救助制度,将慈善事业扩展到对被害人支助领域。     

Professionals' attitudes about victims of child sexual abuse: implications for collaborative child protection teams

In responding to victims of child sexual abuse, considerable attention has been given to multidisciplinary collaborative response teams. Recent evidence, however, suggests that team members may be divided by differences in attitudes towards victims and offenders and about the causes and consequences of abuse. This paper draws on a larger study of the various professionals who make up one child abuse response system in Newfoundland, Canada. In particular, the paper focuses on social workers, teachers and the police, and their views about the characteristics and credibility of sexual abuse victims, and the extent to which they attribute to the victim some responsibility for the abuse. Data for the study were collected in two stages: key informant interviews; and a survey of social workers, teachers and police. The analysis includes an interpretation of the role of gender, professional group membership and experience with cases. The most striking finding is the extent to which the child's age and behaviour appears to influence differentially attitudes about the victims' credibility. These differences complicate multidisciplinary collaborative initiatives since it would appear that those with the least real case experience, and the least knowledge about the relationship between abuse and behaviour, are the ones most likely to be the first point of contact for reports or disclosures.     

浅论我国刑事被害人补偿救助制度的建立

加强对刑事被害人保护，建立国家补偿救助制度是当今世界各国刑事司法政策的趋势。我国在此方面还存在缺陷，因此有必要根据我国的实际情况，从三个方面构建起刑事被害人补偿救助制度：首先，将其纳入社会救助体系；其次，要建立起社会救助、法律援助和司法救助相互协调、衔接的机制；第三，要制定一部具有中国特色的《刑事被害人补偿法》。对于补偿法的制定应注意以下几点：以社会主义制度为基石，民主为基础；体现以人为本理念和国家责任理论；体现公开正义和人道救助原则；注意针对性、宽泛性和可操作性。     

A Qualitative Study of Victim Offender Mediation: Implications for Social Work

Restorative justice has grown extensively in recent years. However, existing research data indicate a lack of information regarding its process. This qualitative study aimed at providing an understanding of the experiences of participants in the delivery process. In addition to observation, 34 face-to-face interviews were conducted with 37 individuals. Analyses yielded important insights into multiple layers of participants' experiences. Though the participants indicated having had positive experiences, some insensitive approaches toward victims were also pointed out. This article discusses the implications in moving toward victim-sensitive restorative justice and for the social work profession.     

Enhancing Victim Empathy for Sex Offenders

SUMMARY

Victim empathy is a widely used component of sex offender treatment throughout North America and Great Britain. Yet, it has been controversial over the past few years. One of the complications involves giving empathy a solid definition. Empathy was defined as the capacity to express compassion for victims. A multi-level system was developed to help specify the definition. The second issue concerns which methods to use in enhancing victim empathy. A variety of techniques are provided as specific ways in which clinicians can help enhance an offender's empathy level.