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在司法实践中法院因为被害人与被告人协商达成赔偿协议而对某些被告人予以从轻判处,甚至于在死刑事案件中舆论不时进行声讨的拿钱买命说,这些现象背后是不是能找到合理的理论支撑？在多元纠纷解决的潮流下,司法把刑事案件中被害人亲属与被告人亲属达成的赔偿协议作为量刑情节,在传统对抗模式之外,开辟了一条私力合作之路,这标志着刑事诉讼二元模式即传统“对抗式”司法模式与“合作式”司法模式的确立。 相似文献
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Most research into adolescent victimization and polyvictimization has been carried out in the United States and in northern European countries. The present study aims to determine the prevalence of victimization and polyvictimization in a community sample of Spanish adolescents. The sample consisted of 1,107 youth (M = 14.52, SD = 1.76), 590 males and 517 females, randomly recruited from 7 secondary schools in a north-eastern region in Spain. The Spanish version of the Juvenile Victimization Questionnaire was applied, assessing 6 aggregate categories of childhood victimization (conventional crimes, caregiver, peer and sibling, witnessed and indirect, sexual, and electronic victimization). A total of 83% of adolescents reported at least 1 type of victimization during their lives, and 68.6% during the last year. Boys were generally more exposed to conventional crimes (68.0%), and girls to emotional abuse by caregivers (23.0%) and to sexual (13.9%) and electronic (17.6%) victimization during their lifetime. Age differences obtained in victimization rates for the past year confirmed that peer and sibling victimization peak in early adolescence (33.9%). Witnessing community violence was more frequent in older adolescents (34.7%). Almost 20% of the sample were considered as polyvictims (i.e., experienced victimization in 7 or more forms of victimization). Adolescent polyvictims experienced victimization in 4 or more domains during their lifetime. This study adds new information on the epidemiology of victimization in the international context and is the first to do so from the perspective of a country in south-western Europe. It illustrates that Spanish youth experience a higher level of victimization than official records suggest, and that gender and age should be taken into account when analyzing this complex area of study. 相似文献
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