妇女在家庭中或在波兰刑法中作为保护对象的家庭中实施的家庭暴力

J. Dlugosh-Yuzvyak
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引用次数: 0

摘要

本文致力于理解波兰刑法和犯罪学中家庭法律问题的问题。本文对家庭定义的内容问题进行了分析。有必要参考其法律定义。结论是,虽然家庭的概念在波兰法律制度中反复出现,但它并不统一,在某些法律领域具有不同的内容。本文对其中一类危害家庭的犯罪,即所谓的家庭暴力,进行了科学的分析。波兰法律制度中没有对家庭暴力的法律定义,尽管它被认为是一种社会现象,发生在一个家庭成员或住在一起或管理一个家庭的其他人故意试图在身体或精神上支配另一个家庭成员时。因此,可以将家庭暴力视为生活在同一家庭的人之间发生的暴力。它的子范畴是发生在家庭环境中的所谓家庭暴力。本文提出并分析了家庭暴力的实例和警方的统计数据。其中一些行为可以归类为危害家庭罪。因此,可以明确指出,一方面,家庭暴力的受害者更有可能是妇女,另一方面,妇女被怀疑从事家庭暴力的可能性远低于男子。然而,目前八分之一的家庭暴力受害者是男性。在这篇文章的框架内,建议将注意力转向妇女作为家庭暴力的施暴者的问题,特别是与男子有关的问题。必须强调,妇女对男子,包括对其丈夫的家庭暴力是一种日益严重的现象。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland
The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.
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