被害人的上诉权再探

本文在已有的研究基础上 ,从审判权的特性、程序公正、诉讼模式等方面对公诉案件被害人应该享有上诉权进行了分析     

Perceptions of Domestic Violence in Lesbian Relationships: Stereotypes and Gender Role Expectations

In light of evidence suggesting that violence between lesbian couples is oftentimes dismissed as “mutually combative,” expectations that support this perception were examined. Participants (N = 287) evaluated a domestic violence situation within the context of a lesbian partnership. As physical appearance may be used to support gender- and heterosexist-based stereotypes relating to lesbians, participants evaluated a domestic violence incident wherein the physical appearance of both the victim and perpetrator were systematically varied. Overall, women perceived the situation as more dangerous than did men. However, among women, the plausibility of the victim's claim, and blame assigned to the perpetrator and victim, varied as a function of the physical appearance of the couple. Implications of this research as well as future directions are discussed.     

“A rape was reported”: construction of crime in a university newspaper

Historically, the news media have engaged in high rates victim blaming in their reporting of sexual assaults. However, in recent years, gains in civil rights and renewed attention to Title IX may mean sexual assault victims are receiving less-biased news coverage. Using a content analysis, we examined the tone and message of all crime stories published in one United States university newspaper from academic year 2015–2016 (n = 99). Comparing attributions of responsibility made to both victims and offenders across several major crime categories (rape, murder, sexual assault, robbery, physical assault, sexual misconduct, and sexual abuse), and consistent with historical trends, we found higher levels of victim blaming in stories on rape and sexual assault than any other crime. We identify rhetorical devices commonly used to discredit the victim and/or absolve the perpetrator. Despite perceived gains achieved by Title IX, news coverage continues to buttress victim blaming culture.     

From Destruction to Reconciliation

SUMMARY

Daniel Johnson discusses how the application of “restorative justice” in his own life and in the life of the victim of his criminal offense contributed to his personal regeneration and healing for his victim. Mr. Johnson challenges criminal justice policy-makers to create conditions where “restorative justice” can be employed in the broadest sense in order to do what contemporary, punitive, retributive criminal justice systems are largely incapable of doing, that is, facilitate lasting offender rehabilitation and healing for crime victims and communities, and to offer opportunities for victim-offender reconciliations.     

论得被害人承诺

得被害人承诺的行为是否阻却违法是一个备受争议的问题,法学界的通说是有条件的接收得被害人承诺的行为阻却违法,其适用范围应该仅限于被害人有权处理的私法益。其阻却违法的要件应该是,有承诺能力的承诺权人以明示或默示的方式,在侵害行为发生之前,任意性地表达对特定侵害结果的承诺,同时,还要求侵害人对承诺有明确认识。     

Discourse,affect and affliction

While much recent theorizing into affect has challenged the primacy of discourse in understanding social life, this paper is premised on the intertwining of affective experience with discursive meaning. Furthermore, appreciating the entwining of affect and discourse facilitates broader understanding into the illness experience, medical decision‐making and experiences of healing. Today, the biomedical discourse carries particular affective weight that can saturate experiences of affliction. Cultural understandings of disease similarly shape affect that may emerge in affliction. Social meaning, more specifically stereotypes pertaining to identities, interweave with emotion also in the context of medical practice. The doctor‐patient relationship is an affect‐laden encounter where the entwining of affect with social assumptions carries important, yet poorly understood, repercussions for treatment decisions and for the furthering of health inequalities. Both the elusiveness and the power of affect that unfolds in relation to discursive meaning rest on the way in which affect dwells in and resounds through the body.     

二战后中国及各受害国对日索赔失败的原因

二战结束后,根据盟国达成的协议和有关国际法规定,各受害国家向日本展开了索取战争赔偿工作。在整个索赔过程中,由于各个国家之间的争执,更为主要的是美国从自己的全球利益需要出发,改变了其对日索赔问题的态度,致使索赔工作失败。对日索赔工作的失败原因是复杂的,但毋庸置疑,美国态度的改变是最根本的,最主要的。     

Univariate and multivariate models of positive and negative networks: Liking,disliking, and bully–victim relationships

Three relations between elementary school children were investigated: networks of general dislike and bullying were related to networks of general like. These were modeled using multivariate cross-sectional (statistical) network models. Exponential random graph models for a sample of 18 classrooms, numbering 393 students, were summarized using meta-analyses. Results showed (balanced) network structures with positive ties between those who were structurally equivalent in the negative network. Moreover, essential structural parameters for the univariate network structure of positive (general like) and negative (general dislike and bullying) tie networks were identified. Different structures emerged in positive and negative networks. The results provide a starting point for further theoretical and (multiplex) empirical research about negative ties and their interplay with positive ties.     

刑事和解在审判阶段的制度构建

刑事和解系宽严相济刑事政策在诉讼中的具体体现,基于其特殊的价值,我国检察机关开始进行试点与探索,而对于具有普遍意义的刑事和解在审判阶段的应用并没有推开.自诉案件和刑附民案件程序的启动本身就决定于被害人,这类案件的和解并非普遍意义上的刑事和解.就刑事和解在审判阶段应用的价值、程序设置的主要问题进行评析,并在此基础上对程序设置的完善提出建议,以适用于审判实践.认为审判阶段进行刑事和解不仅提升了被害人的诉讼地位,同时,在一定程度上促使刑事审判的功能发生变化,与过去靠"打"来稳定社会治安的作用完全不一样,能使司法活动取得良好的社会效益,实现从有害正义到无害正义的进步,有利于社会和谐的构建.