司法审理教养纠纷中强制考虑十岁儿童意见的若干心理和法律问题

IF 1.4 4区 医学 Q2 CRIMINOLOGY & PENOLOGY Psychiatry Psychology and Law Pub Date : 2022-01-01 DOI:10.17759/psylaw.2022120303
O. Ilyina, O. Rusakovskaya, L. Tumanova, O.E. Chubarova
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引用次数: 1

摘要

为了表明俄罗斯联邦《家庭法》第57条的法律规范- -在审理法院关于教育的纠纷时有义务考虑10岁以上儿童的意见- -的可辩论性,研究了9.5至11岁儿童(N=68)对道德上模棱两可的问题情况的分析特点。研究方法:以连续图片为基础编故事,《柯尔伯格的困境》。根据Kohlberg的说法,已经确定大多数儿童处于传统道德意识发展水平的第三阶段。在那些不能成功理解情境中隐藏的道德含义的人中,有更多的男孩,他们在推理时往往依赖于整个社会的要求。女孩更有可能利用自己的经验,也更有可能考虑到别人的经验。上述结果和结论可以作为完善相关法律规范及其适用实践的依据。
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Some Psychological and Legal Issues of Mandatory Consideration of the Opinion of a Child who Has Reached the Age of Ten Years in Judicial Consideration of Disputes About His Upbringing
In order to indicate the debatable nature of the legal norm of Art. 57 of the Family Code of the Russian Federation — the obligation to take into account the opinion of a child who has reached the age of 10 years, when considering disputes about education by the courts - the features of the analysis by children of 9.5—11 years of age (N=68) of morally ambiguous problem situations are studied. Research methods: compiling a story based on sequential pictures, Dilemmas of L. Kohlberg. It has been established that the majority of children are at the 3rd stage of the conventional level of development of moral consciousness according to Kohlberg. There are more boys among those who are not successful in understanding the hidden moral meaning of situations, and those who, in their reasoning, tend to rely on the requirements of society as a whole. Girls are more likely to draw on their own experience and are more likely to take into account the perceived experiences of another. The above results and conclusions can serve as a basis for improving the relevant legal norm and the practice of its application.
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来源期刊
CiteScore
2.70
自引率
7.70%
发文量
48
期刊介绍: Psychiatry, Psychology and Law is rapidly becoming a driving force behind the up-to-date examination of forensic issues in psychiatry and psychology. It is a fully refereed journal with outstanding academic and professional representation on its editorial board and is aimed at health, mental health and legal professionals. The journal aims to publish and disseminate information regarding research and development in forensic psychiatry, forensic psychology and areas of law and other disciplines in which psychiatry and psychology have a relevance. Features of Psychiatry, Psychology and Law include review articles; analyses of professional issues, controversies and developments; case studies; original empirical studies; book reviews.
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