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1.
谭凤凤 《孝感职业技术学院学报》2013,(1):77-81,93
一起起"虐童事件"的曝光,引起了全社会的广泛关注。是否应当将虐童行为入刑,是否应当单设"虐待儿童罪"罪名的讨论成为焦点,而学术界对此存有不同的观点。文章认为对虐童行为必须进入到刑法调整的范围,尤其是要将既不符合虐待罪犯罪构成又不符合故意伤害罪犯罪构成、未造成轻伤以上后果但对儿童权益造成巨大伤害的、家庭成员以外的虐待行为予以刑罚处罚。将虐童行为归入到刑法调整的范围,可以通过修改现有的法律规定,主要是修改虐待罪的适用范围、处罚程度以及变自诉案件为公诉案件等方式来实施。 相似文献
2.
虐待动物行为侵害社会安定和谐,影响相关产业发展,危害青少年身心健康,具有严重社会危害性,将虐待动物行为入罪是民之所愿。虐待动物罪是在公开场合虐待动物或私下虐待动物并将这一行为公开传播,情节严重的行为,其法定刑应参照聚众斗殴罪,并增设资格刑。 相似文献
3.
近年来,我国儿童虐待事件频频见诸报端、网络．引起社会广泛关注。为了有效防止儿童虐待,美国已经建立起一套完整、成熟的儿童虐待法律保护体系。反观我国．关于儿童虐待法律保护的制度严重不足,温岭虐童案发生后．对于非家庭成员实施的儿童虐待行为,法律中找不出一条合适的罪名加以处罚。因此,完善儿童虐待法律保护制度势在必行。 相似文献
4.
家庭暴力对学生学业成绩和心理健康的影响 总被引：1，自引：0，他引：1
家庭暴力目前尚无统一界定的概念。有人认为家庭暴力是指对家庭成员进行肉体上的折磨、伤害和压迫等人身强暴行为;有人认为家庭暴力是家庭中一方对另一方的殴打、凌辱、肆虐,使其屈从;有人认为家庭暴力就是家庭中某一成员对其它家庭成员在肉体、精神、言语、经济等方面的虐待。 相似文献
5.
对2016—2021年我国法院的判决进行分析发现，近年来亲属性侵未成年人犯罪的发案趋势不容忽视。相较于其他性侵未成年人犯罪，亲属性侵未成年人犯罪的特征不仅表现为犯罪主体的身份特殊性，还在犯罪行为上表现出强制性、隐蔽性、持续性和反复性，且犯罪对象多为离异家庭、重组家庭和收养家庭的低龄非留守女童。当前我国在法律治理、协同保护和文化观念等方面存在困境，应当采取多重维度的应对策略：在法律上将亲属身份作为从重处罚情节，加强未成年被害人权益保障，完善诉讼时效制度；在共治维度上构建执法主体事前预防机制，提高社会主体的参与意识和能力，赋予家庭成员及时报告义务；在文化维度上转变传统观念，普及性教育。 相似文献
6.
《兰州教育学院学报》2016,(1)
《刑法修正案(九)》的出台对于学者们长期争论不休的虐待罪的修改问题有了最终定论。其规定,将《刑法》第260条"虐待家庭成员"之条款后增加"对未成年人、老年人、患病的人、残疾人等负有监护、看护职责的人",从而大大扩大了该罪的适用范围,适应了当今社会发展的需要。本文在针对此问题作出相关阐释的基础上,继续深入探讨关于此罪的立法完善可能。 相似文献
7.
挪用公款罪犯罪对象的争议一直是理论界、司法界的焦点问题之一。通过对挪用公款罪刑法规定的解读,以及对该罪犯罪对象若干问题的法理研究．阐明挪用公款罪的犯罪对象主要是公款;非特定公物不是该罪的犯罪时象,特殊情况下才可能成为该罪的犯罪对象;国有单位“小金库”钱款可成为该罪的犯罪对象;在一定条件下．混合所有制企业、承包企业中的资金能够成为该罪的对象。 相似文献
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9.
梅传强 《四川师范大学学报(社会科学版)》2005,32(1):22-28
罪过的实质是行为人对社会价值的敌视、蔑视或者漠视、轻视的态度；犯罪行为是犯罪主体的主观罪过在现实中的展开。对犯罪故意中“明知”的涵义应作实质理解，即是指“行为人实施危害行为时对自己希望或者放任中的行为是否符合某罪特有的客观性质的明确认识”。明知的内容是行为人对自己意识状态中的行为的自然属性和社会危害性质(包括行为对象、方法、特定的时间地点、违法性等)，行为结果以及行为发展过程的明确认识。 相似文献
10.
掩饰、隐瞒犯罪所得、犯罪所得收益罪在我国刑法中几经修改。2009年11月11日起正式实施的《最高人民法院关于审理洗钱等刑事案件具体应用法律若干问题的解释》又对本罪作出了具体界定。作为妨害司法罪的一个罪名,本罪在认定时特别涉及与洗钱罪的犯罪对象存在竞合时将如何区分。通过解读上述《解释》,适当结合德日赃物犯罪的相关理论和实践,可以从本罪的行为对象方面对两者作出区分,并通过探讨本罪保护法益的本质得出本罪规范存在的合理性。 相似文献
11.
The purpose of this paper is to examine results of an empirical study of judgments about the seriousness of situations of institutional child maltreatment. This study furthers the development of operational definitions of institutional abuse and neglect by examining the following issues: What is the relative seriousness of institutional child maltreatment events? Are judgments of seriousness made on the basis of caregiver behavior or negative consequences to the child? Are incidents of child maltreatment which occur in institutions judged differently than similar incidents which occur in an intrafamilial context? This paper presents data gathered on judgments made by 630 respondents regarding 24 situations of child maltreatment. Respondents in the study represented: children in care, direct caregivers, managers in institutions, public child welfare workers, facility board members, and foster parents. Respondents judged the situations to be harmful more readily than they judged them to be abuse/neglect. For the majority of events in this survey, the setting (out-of-home care vs. intrafamilial) did not appear to significantly affect the judgments of respondents in their assessment of harm or judgment as abuse/neglect. The presentation of a negative consequence for the child significantly (p < .05) increased the respondents' assessment of harm in 12 out of 24 events. The presentation of a consequence for the child significantly (p < .05) increased the respondents' assessment of harm in 12 out of 20 events. The presentation of a consequence for the child significantly (p < .05) increased the judgment of abuse/neglect in 8 out of 24 events. 相似文献
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13.
Sheikhattari P Stephenson R Assasi N Eftekhar H Zamani Q Maleki B Kiabayan H 《Child abuse & neglect》2006,30(3):231-245
OBJECTIVE: This study examines the determinants of three types of child maltreatment: physical maltreatment, mental maltreatment, and child neglect among school children in the Kurdistan Province of Iran. The analysis examines the impact of socioeconomic, familial, demographic, and household dynamic factors on the three child maltreatment outcomes, and compares the differential impact of these factors across the three types of child maltreatment. A greater understanding of the factors associated with child maltreatment has the potential to inform public health interventions aimed at reducing specific forms of maltreatment and at identifying at risk populations. METHODS: Data were collected from 1,370 school students, age 11-18. Separate logistic models are fitted for six binary outcomes examining self-reported experiences of physical maltreatment in the home or school, mental maltreatment in the home or school, and child neglect in the home or school. RESULTS: Male children were more likely to report experiencing any kind of child maltreatment than girls. Residency in a rural area, poor parental relationships and the use of addictive substances by household members were associated with increased odds of reporting child maltreatment. Poor school performance was associated with the reporting of experiencing maltreatment at school. CONCLUSION: Each of the forms of child maltreatment is highly correlated with socioeconomic, demographic, and living condition factors. The results point to the strong influence that familial factors have in shaping a child's likelihood of reporting maltreatment. Characteristics of the mother were associated with maltreatment, but not characteristics of the father. The results highlight a number of mechanisms through which public health interventions may seek to reduce the prevalence of child maltreatment in Kurdistan; different approaches are needed to reduce child maltreatment in the home and school environments. 相似文献
14.
Rikhye K Tyrka AR Kelly MM Gagne GG Mello AF Mello MF Price LH Carpenter LL 《Child abuse & neglect》2008,32(1):19-34
OBJECTIVE: The aim of this study was to examine associations between childhood adversity, parental bonding, gender, depressive symptoms, and quality of life in non-treatment-seeking adults from the community. METHOD: Effects of differential parental rearing were compared in adults who reported a high degree of childhood maltreatment (n=72) and those who reported no significant adverse events in childhood (n=69). Subjects completed retrospective measures of childhood maltreatment and perceived parenting style, as well as measures of current depressive symptoms and quality of life. RESULTS: The subjects without childhood maltreatment were younger and endorsed less current depressive symptomatology than did subjects with childhood maltreatment. While the subjects without a history of maltreatment reported more "optimal" bonding experiences with their parents, the maltreatment group members were more likely to characterize their early parental bonding experiences in terms of "affectionless control" (p<.001 for both maternal and paternal parenting), "affectionate constraint" (p=.025 for maternal parenting and p=.004 for paternal parenting), or "weak or absent" bonding (p<.001 for both maternal and paternal parenting). Results of a multiple regression analysis revealed that overall quality of paternal care (p=.015) and current level of depressive symptoms (p<.001) were significant independent predictors of adult quality of life. Gender effects between subjects providing parental bonding data were limited to the group with childhood maltreatment. CONCLUSION: These findings extend previous work documenting a relationship between early life maltreatment and suboptimal parental bonding, suggesting gender-specific effects of maternal and paternal care. Effects of childhood maltreatment on quality of life in adulthood appear to be linked with the quality of childhood paternal care and the occurrence of depressive symptomatology in adulthood, suggesting possible targets for primary or secondary prevention. 相似文献
15.
The current study examined child maltreatment re-offending in United States Air Force (USAF) families. In a clinical database containing 24,999 child maltreatment incidents perpetrated by 15,042 offenders between the years 1997 and 2013, 13% of offenders maltreated a child on more than one date (i.e., they re-offended). We explored several offender demographic characteristics associated with who re-offended and found that civilians re-offended at a similar rate as active duty members, males re-offended at a similar rate as females, and younger offenders were more likely to re-offend than older offenders. We also explored incident characteristics associated with who re-offended: Re-offending was more likely if the initial maltreatment was neglect or emotional abuse and re-offenders were likely to perpetrate subsequent maltreatment that was the same type and severity as their initial incident. The current data indicate that young offenders and offenders of neglect and emotional maltreatment are the greatest risk of re-offending. These offender and incident characteristics could be used by the USAF to guide their efforts to reduce re-offending. 相似文献
16.
行政行为是国家机关赋予行政工作人员履行特定职责的行为,在行政管理中,行政工作人员必须依据特定的职责实施管理和服务行为,如果行政工作人员在行政管理过程中“当为能为而不为”,即构成行政不作为。当这种不作为行为对法益造成严重侵犯,通过其他部门法不足以有效规制的时候,运用刑法也不啻为一项规制惩罚该行为的有效手段。现行刑法,行政不作为主要涉及渎职犯罪一章,滥用职权罪与玩忽职守罪可谓是本章中最重要的两个罪名。结合法理与案例,探讨行政不作为与这两个罪名的关联、行政不作为与不作为犯罪的关联,以期探寻行政不作为的刑事法律后果。 相似文献
17.
朱俊强 《广西师范大学学报(哲学社会科学版)》2004,40(2):19-23
邪教犯罪不是一般的有组织犯罪，而是对社会危害特别严重的有组织犯罪。邪教犯罪的危害与一般的有组织犯罪不同，它至少侵害了四种刑法法益：对其成员实行精神控制，非法限制他人的宗教信仰自由权；进行恐怖暴力活动，破坏社会秩序和公共安全；制造故杀、自杀、自焚、自残事件，直接或间接地剥夺他人的生命权、健康权；疯狂的敛聚财物，侵犯他人的财产权。打击邪教犯罪，必须正确理解邪教犯罪的犯罪构成和有关的司法解释，正确区分罪与非罪，此罪与彼罪的关系，这样才能发挥刑法打击罪犯，保护社会利益的功效。 相似文献
18.
Objectives
To determine the prevalence and characteristics of reports of emotional maltreatment (EMT) in Canada, as well as changes in these reports between 1998 and 2003.Methods
This study is based on a secondary analysis of data collected in the first and second Canadian Incidence Study. Emotional maltreatment (excluding exposure to intimate partner violence) investigations were categorized into six groups: emotional abuse, emotional neglect, and other maltreatment as the only investigated form of maltreatment, and these same three groups were examined when they co-occurred with another form of maltreatment.Results
Both the rate of emotional-abuse-only investigations and emotional-neglect-only investigations increased almost threefold from 1998 to 2003. Substantiated emotional neglect investigations had the highest rate of transfer to ongoing services. Half of the investigations involving single forms of emotional maltreatment occurred for six months or more. Finally, emotional neglect cases (in single form and when it co-occurs with another form of maltreatment) were more likely to be associated with emotional harm and longer duration of maltreatment.Conclusions
In 2003, EMT represented a significant increasing form of maltreatment and is detected nearly twice as often in situations in which abuse or neglect are also reported. Reports of emotional abuse are two and a half times more frequent than reports of emotional neglect. Nevertheless, lack of emotional engagement may also be difficult to identify, since an omission is more difficult to detect. Reports of EMT often reveal situations of chronic victimization that have been the subject of previous reports and are associated with greater emotional impact. 相似文献19.
This study expands research on the relationship between community (defined here as a locality) characteristics and child maltreatment. Research in this field is not new, but it is scarce. Our study is unique by examining changes between two periods rather than focusing on one point in time. Furthermore, our study examines structural conditions in small and medium size localities in Israel, a non-Western and non-Christian society. We compare our results with those from studies on inner-city and suburban neighborhoods in Western countries and earlier studies in Israel. We collected data on 169 Israeli localities, ranging from small ones (with as few as 1,500 residents) to medium size localities (i.e., towns) (with as many as 50,000 residents) in which approximately 34% of the Israeli child population resides. Our study tested four hypotheses: (1) Socioeconomic characteristics of the locality will be negatively correlated with the availability of social services; (2) Reported child maltreatment rates will be negatively correlated with the socioeconomic characteristics of the locality; (3) The availability of social services will be positively correlated with reported child maltreatment rates; and (4) Overall reported child maltreatment rates will be negatively correlated with the overall status of the localities. We have supported our second and third hypothesis in full, and partially supported our first and fourth hypothesis. In particular we have demonstrated that while demographics play a different role in Israel than in other countries in regard to child maltreatment, social, economic and cultural context are crucial for understating reported rates of child maltreatment. 相似文献
20.
Yo Jackson Joy GabrielliKandace Fleming Angela M. TunnoP. Kalani Makanui 《Child abuse & neglect》2014
Within maltreatment research, type, frequency, and severity of abuse are often confounded and not always specifically documented. The result is samples that are often heterogeneous in regard to maltreatment experience, and the role of the different components of maltreatment in predicting outcome is unclear. The purpose of the present study was to identify and test the potential unique role of type, frequency, and severity of maltreatment to elucidate each variable's role in predicting outcome behavior. Data from 309 youth in foster care (ages 8–22) and their caregivers were collected using the Modified Maltreatment Classification System and the Behavioral Assessment System for Children, 2nd Edition (BASC2), to measure maltreatment exposure and behavioral outcome respectively. A measurement model of the BASC2 was completed to determine model fit within the sample data. A second confirmatory factor analysis (CFA) was completed to determine the unique contributions of frequency and severity of maltreatment across four types of abuse to externalizing, internalizing, and adaptive behavior. The result of the CFA determined good fit of the BASC2 to the sample data after a few modifications. The result of the second CFA indicated that the paths from severity to externalizing behavior and adaptive behavior (reverse loading) were significant. Paths from frequency of abuse were not predictive of behavioral outcome. Maltreatment is a complex construct and researchers are encouraged to examine components of abuse that may be differentially related to outcome behavior for youth. Untangling the multifaceted nature of abuse is important and may have implications for identifying specific outcomes for youth exposed to maltreatment. 相似文献