女性家庭暴力犯罪研究

发布时间：2018-03-04 14:22

本文选题：女性　切入点：家庭暴力犯罪　出处：《山东大学》2005年硕士论文　论文类型：学位论文

【摘要】：家庭是社会的基础组织形式,正是千千万万个家庭构成了整体的社会。家庭与社会的不同之处在于,家庭由其成员间的亲情、血缘来维系。家庭关系的和谐与家庭成员间的互爱,构成了现代社会文明的基石,而家庭暴力行为则是对家庭关系的破坏和对社会文明的损毁。家庭暴力是一个全球性的现象,无论是发达国家还是发展中国家,这种现象都不同程度的存在,而妇女是主要受害者。家庭暴力问题的提出,与20世纪女性人权意识的觉醒是分不开的。从70年代起,妇女运动趋于国际化,开始从理论和实践上关注世界妇女的健康问题,于此也揭开了家庭暴力这层神秘的面纱。研究结果发现,妇女因暴力受到伤害的最大威胁并非来自抢劫、强奸或其他原因造成的损伤,而是来自女性最亲近的配偶的虐待,家庭暴力是妇女受到伤害的最主要的原因。由于传统对女性的要求,许多妇女消极地忍受着这种暴力的摧残,整个社会也以尽量回避的态度,不愿介入到家庭这一私人领域的暴力事件中,法律仅仅制裁那些世人无法容忍的极端行为。这种共识与沉默,使众多的已婚妇女生活在家庭暴力中,这是世界各地普遍存在的现象。这种现象长期发展下去,很容易导致妇女基于反抗的“以暴抗暴”。“当妇女对男性伴侣施以暴力时,往往是一种自卫手段,而且是因为长期遭受另一方暴力和虐待而做出的反应”。而妇女一旦做出这种反应,常常导致犯罪;另一方面,社会发展到今天,“妇女解放”、“男女平等”等观念已深入人心,至少绝大多数国家和地区在法律上确认了这一点。越来越多的妇女在越来越多的社会领域里,实现了自身的价值,经济上获得了完全或者是一定的独立。这样,在家庭领域里,妇女的平权要求与男性的“保权”要求相冲突,如果双方不能正确处理这种关系,很容易形成互相以暴力解决问题的局面,或女性主动实施家庭暴力。这两种情况都可能导致女性家庭暴力犯罪。女性家庭暴力犯罪在全球范围内,已成为一个越来越严重的社会问题。引起了国际社会的高度关注。这是因为女性作为创造人类文明和推动社会发展的一支伟大力量,其发展水平和权益实现程度是社会发展的重要指标,也是衡量社会进
[Abstract]:The family is the basic organization of society, and it is the millions of families that make up the whole society. The difference between the family and society is that the family is made up of the affection of its members. The harmony of family relations and the mutual love among family members constitute the cornerstone of modern social civilization, and domestic violence is the destruction of family relations and the destruction of social civilization. Domestic violence is a global phenomenon. In both developed and developing countries, this phenomenon exists to varying degrees, and women are the main victims. The issue of domestic violence is inseparable from the awakening of women's awareness of human rights in 20th century. Since 70s, the women's movement has become international and began to pay attention to the health problems of women in the world, both in theory and in practice. The mystery of domestic violence has also been unravelled. The study found that the greatest threat to a woman's injury from violence is not from robbery, rape or other injuries, but from the abuse of a woman's closest spouse. Domestic violence is the main cause of women's injuries. Because of traditional demands on women, many women passively endure the violence and the whole society tries to avoid it. Unwilling to get involved in violence in the private sphere of the family, the law only punishes extreme acts that the world cannot tolerate. This consensus and silence have led many married women to live in domestic violence. This is a common phenomenon all over the world. The long-term development of this phenomenon can easily lead to women's "violence against violence", which is based on resistance. "when women commit violence against their male partners, it is often a means of self-defense." And it is the reaction of a woman who has been subjected to violence and abuse on the other side for a long period of time "... and when a woman does so, it often leads to crime; on the other hand, the concept of" emancipation of women "and" equality between men and women "has become deeply rooted in the hearts and minds of society as it develops today. At least the vast majority of countries and regions recognize this in law. More and more women realize their own value in more and more fields of society and gain complete or certain economic independence. In this way, in the field of the family, Women's equal rights demands conflict with men's "rights protection" demands. If the two sides do not properly handle this relationship, it is easy to create a situation in which each side solves the problem by violence. Or women actively commit domestic violence. Both situations can lead to female domestic violence crimes. The crime of female domestic violence has become an increasingly serious social problem all over the world. It has attracted a great deal of attention from the international community. This is because women are a great force in the creation of human civilization and in the promotion of social development, Its level of development and the degree of realization of its rights and interests are important indicators of social development and also a measure of social progress.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D917

【引证文献】