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1
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Odpowiedzialność terapeutyczna zawodowych obrońców praw pacjenta

100%
Kmieciak B., Zakład Prawa Medycznego Uniwersytetu Medycznego w Łodzi, Błażej Kmieciak d. n. s. w. z. s. p., blazej.kmieciak@umed.lodz.pl
Władza sądzenia
|
2017
|
vol. 12
PL
Z czym kojarzy nam się prawo? Większość osób kojarzy przepisy prawne zapewne z salą sądową, zawodem adwokata lub sędziego. Rzadko jednak w dyskusjach naukowców zwraca się uwagę, iż prawo stanowić może również niezwykle istotny aspekt przeżyć wewnętrznych. Socjologia prawa, a więc nauka analizująca społeczne działaniu prawa, zwraca uwagę, iż konkretne przepisy mogą oddziaływać w sposób: motywacyjny, informacyjny oraz kontrolny. Oddziaływanie powyższe zawsze wiąże się z doświadczaniem określonych emocji, zarówno pozytywnych, jak i negatywnych. Emocje te odgrywają niezwykłe znaczenie w procesie powrotu do zdrowia. W ciągu ostatnich lat dostrzec można w procesie tym coraz istotniejszą rolę zawodowych obrońców praw pacjenta. Mowa o sądzie opiekuńczym oraz rzecznikach lub pełnomocnikach zajmujących się ochroną praw pacjenta. Wspomniani eksperci pojawiają się najczęściej w sytuacjach dotyczących zagadnień prawno-rodzinnych lub też biorą udział w postępowaniach odnoszących się do problemu ochrony zdrowia psychicznego. W tym miejscu warto zastanowić się: czy rola wspomnianych ekspertów ogranicza się wyłącznie do interweniowania oraz udzielania informacji? Czy, przekazując wiedzę dotycząca praw pacjenta, wpływać mogą pozytywnie lub negatywnie na jego stan? Jakie błędy w podobnej sytuacji mogą być popełniane? Czy można aktualnie dostrzec metody, które dla wspomnianych prawnych specjalistów mogą stanowić wsparcie?
EN
What do we associate with law? Most people associate legal provisions with a courtroom, attorney’s or judge’s profession. It is rarely mentioned in scientific discussions that the law may be an extremely important aspect of internal experiences. Sociology of law, that is the science analyzing the social action of law points out that specific regulations may affect in a motivational, informative and control manner. This interaction is always associated with experiencing specific emotions, both positive and negative. These emotions play an extraordinary role in the recovery process. In recent years can be seen in the increasingly important role of the professional defenders of patients’ rights: the judges of the guardianship court and advocates dealing with the protection of patients’ rights. These experts appear most often in legal and family matters or they are involved in proceedings relating to the problem of mental health protection. At this point it is worth to considering: Is the role of these experts limited only to information and intervention? Can they influence positively or negatively on patient condition during the transmission of information about patients’ rights? What mistakes can be made in a similar situation? Can we see methods that will support these legal specialists?
2
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Nieletni przed sądem rodzinnym według ustawy o postępowaniu w sprawach nieletnich. Stadia postępowania i praktyka orzecznicza w zakresie przeciwdziałania demoralizacji oraz w sprawach o czyny karalne

84%
Bartha A.
Dziecko krzywdzone. Teoria, badania, praktyka
|
2018
|
vol. 17
|
issue 1
9 - 29
PL
Nieletni sprawcy czynów zabronionych ponoszą odpowiedzialność sensu largo przede wszystkim na podstawie przepisów Kodeksu karnego bądź ustawy z dnia 26 października 1982 r. o postępowaniu w sprawach nieletnich. Jednak młode osoby do ukończenia 15 lat, które dopuszczą się czynu zabronionego, odpowiadają jedynie z przepisów ustawy. Ich zachowanie może być przejawem demoralizacji lub stanowić czyn karalny. Postępowanie w sprawach nieletnich prowadzi sąd rodzinny. Autor w niniejszym artykule prezentuje model postępowania ujęty w ustawie, jego stadia, właściwość sądową, prawa i obowiązki nieletniego jako strony oraz praktykę orzeczniczą w zakresie stosowania środków służących przeciwdziałaniu demoralizacji i przestępczości nieletnich. Trafność ich doboru ma wszakże prowadzić do osiągnięcia korzystnych zmian w osobowości i zachowaniu się nieletniego w celu zapobieżenia wkroczenia przezeń na drogę przestępstwa i ponoszenia odpowiedzialności już na gruncie Kodeksu karnego.
EN
Juvenile delinquents are responsible primarily for sensu largo under the provisions of the Penal Code or the Law of 26 October 1982 on juvenile delinquency. However, young people up to the age of 15 who commit a prohibited act shall be liable only to the provisions of the Act. Their conduct may be a manifestation of demoralization or a criminal act. Proceedings in juvenile cases are led by family courts. In this article the author presents the model of proceedings included in the law, its stages, jurisdiction, the rights and obligations of minors as a party, and the jurisprudence practice in the application of measures to prevent demoralization and juvenile delinquency. However, the relevance of their choice is to lead to favorable changes in the personality and behavior of minors, in order to prevent them from entering the path of crime and to take responsibility under the penal code.
3
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Wczesna przestępczość nieletnich i jej skutki

83%
Klaus W.
Archiwum Kryminologii
|
2006
|
issue XXVIII
203-218
EN
The object of study was prohibited acts committed by children up to 13 years  old which caused a reaction of the justice system. The results of the research deny a common belief, also popularised by the mass media that the age of juveniles who committed serious crimes is rapidly falling down. In fact, in most cases we deal with petit crimes.
4
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Psychospołeczne czynniki wpływające na efektywność pracy sędziów wydziałów rodzinnych i nieletnich

71%
Opora R.
Archiwum Kryminologii
|
2006
|
issue XXVIII
255-266
EN
The paper concerns personal and environmental factors influencing the effectiveness of the juvenile justice system. The survey was based on the Polish juvenile justice system, but it concerns the European standards of the treatment of juvenile delinquency. The author also presents the problem in terms of community service which is very closely related to the juvenile justice system in Poland. The causal factor was presented in a graph, which is called the Ishikawa and Pareto graph, a graph of reasons and effects. The survey included 148 Polish juvenile court judges. The results of the research could be useful for improving the Polish juvenile justice system and probably some of the issues could be extrapolated to other country juvenile justice systems.
5

Relacja rodzice i inne osoby dorosłe a dzieci w świetle nowych przepisów Kodeksu rodzinnego i opiekuńczego i niektórych innych ustaw (wybrane problemy)

67%
Marek A.
Acta Iuris Stetinensis
|
2014
|
issue 6
371 -400
PL
Artykuł ukazuje silną relację pomiędzy prawem (treścią aktów prawnych) a pojęciami wypracowanymi na gruncie takich dyscyplin naukowych jak psychologia, pedagogika, praca socjalna, socjologia i innych. Dotyczy to zarówno przepisów Kodeksu rodzinnego i opiekuńczego jak i innych ustaw dotyczących funkcjonowania rodziny. Można mówić o przeprowadzonych w ostatnich dwóch dekadach próbach (niekiedy bardzo udanych) dostosowania uregulowań prawa materialnego do specyfiki rodzinnych problemów prawnych. Niestety nie spowodowało to adekwatnych zmian w prawie procesowym. Żadnych zmian koniecznych ze względu na ową specyfikę nie przeprowadzono zarówno w organizacji, jak i w funkcjonowaniu sądów rodzinnych.
EN
The article highlights a strong relation between the law (the content of legal acts) and concepts developed within such academic fields as psychology, pedagogy, social work, sociology and others. Such a strong connection characterizes both the regulations of the Family and Guardianship Code and other articles related to family functioning. This fact permits a conclusion that in the last two decades there have been attempts (many times very successful) to adjust the regulations of material law to the specificity of family legal problems. Unfortunately, similar changes in procedural law have not followed. Actually, no changes that are indispensable due to this specificity have been introduced in ether organization or the functioning of family courts.
6
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Projekt Kodeksu rodzinnego z 2018 roku (refleksje)

67%
Stadniczeńko J.
Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego
|
2019
|
vol. 14
|
issue 16 (1)
137-154
EN
The draft code attaches great importance to the status of the family and its roles in child raising. For the first time in Polish law, the following concepts are defined 154 at the statutory level: the guiding principles of family law, the welfare of the child, family, marriage, cohabitation, cooperation for the good of the family. The draft code also introduces the principle of family protection. In the text of the draft code, parental responsibility is understood as a response to the welfare of the child. The basic element of parental responsibility is its inalienability and it is characterized by totality, which means that the parent is responsible for what lies within the limits of his or her ability. This applies to all aspects of the child’s life, from satisfying its basic physiological needs to fostering its mental, emotional, and cultural development.
PL
Projekt Kodeksu dużą wagę przywiązuje do statusu rodziny i jej funkcji w wychowaniu dziecka. Po raz pierwszy w prawie polskim definiuje się na poziomie ustawy pojęcia: naczelne zasady prawa rodzinnego, dobro dziecka, rodziny, małżeństwo, konkubinat, współdziałanie dla dobra rodziny. Projektowany Kodeks wprowadza również zasadę ochrony rodziny. W tekście projektu Kodeksu odpowiedzialność rodzicielska rozumiana jest jako odpowiedź na dobro dziecka. Podstawowym elementem odpowiedzialności rodzicielskiej jest jej niezbywalność i cechuje ją totalność, co oznacza że rodzic jest odpowiedzialny za to, co leży w granicach jego możliwości. Odnosi się ona do wszystkich aspektów życia dziecka, od zaspokajania jego podstawowych potrzeb fizjologicznych po rozwój umysłowy i emocjonalny oraz kulturowy.
7
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Działalność wychowawcza sądu rodzinnego wobec nieletnich – pomiędzy ideami a praktyką

60%
Klaus W.
Archiwum Kryminologii
|
2008
|
issue XXIX-XXX
331-347
8
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Polskie sądy rodzinne w świetle badań empirycznych

60%
Strzembosz A.
Archiwum Kryminologii
|
1984
|
issue XI
167-225
EN
1. The idea of family jurisdiction is not new, yet it continues to raise animated discussion and controversy. Family courts which exist in many countries have miscellaneous and frequently rather narrow competence. Elsewhere, experiments have been made with family courts for many years now, consisting in taking observations of the works of a few family courts, the traditional orgnization of jurisdiction maintained in the entire country. The family jurisdiction, enforced in Poland on January 1st, 1978, was introduced in the entire territory, the competence of family courts outlined most broadly: all cases directly connected with family relations (affiliation of a child, alimony, nullification and dissolution of a marriage, adoption, limitation, suspension and deprivation of parental authority, institution of legal protection, etc.), cases connected with penal acts committed by juveniles, cases of compulsory treatment of alcoholics in closed hospitals, and offences against family, guardianship, and the youth, fell under competence of family courts.       Family courts which are departments of district courts, have assembled nearly half of the cases coming in a district court. At the same time, cases have been divided between the judges basing on the territorial principle: every judge hears all kinds of cases coming in from the territory he has been assigned. This way, all cases essentially connected with the functioning of a given family were always to be judged by the same judge. The broad competence of a family judge and the fact that he heard all cases concerning the members of a given family was to create conditions in which all problems appearing within that family would be treated on a broad basis in every case, to ensure that each particular pronouncement concerning that family be compact and complementary, to guarantee the correctness of decisions owing to the knowledge of the whole of conflicts which occur in that family, and to make preventive activities broader and deeper.       The creation of family courts caused the liquidation of juvenile courts, all their cases having passed to the family courts, as well as the transference of a considerable part of cases heard before by civil courts and a small number of cases from criminal courts.      Such a far-reaching reform of organization of common jurisdiction has justified the study of the effects of introduction of family courts, the more so as juvenile courts played an important part in the system of preventive measures against delinquency and other forms of social maladjustment. Therefore, it was the aim of the study to find out if family courts realize their function in practice, and what are the factors that determine difficulties or irregularities in case the courts fail totally or partially to fulfill their object.       The study embraced various sources of information about the functioning of family courts, i.e., first of all, statistical data on the jurisdiction in cases which now come within the scope of family courts from two periods: before and after they had been transferred to the family courts (years 1976-1977 and 1978-1981). Another extremely important source of information about the functioning of family courts was the analysis of cases of particular kind judged by juvenile, civil, and criminal couits, and then by family courts. Among the cases which provided a particularly great amount of information as to the way in which family courts fulfilled the goal they were planned to fulfill, were divorce suits, limitation of parental authority, penal acts of juveniles, and criminal cases of offences against family, guardianship, and the youth. Such cases require well-prepared materials before they are examined, comprehensive study of particular legal problems from the point of view of the interest of the family, first of all children that are brought up in it, and finally (apart from divorce suits) active execution of the sentence, as the method of execution determines the results of the entire preceding activity of the court.       A detailed study was made of a standard sample of cases now investigated by 8 family courts - small, medium, and large, each of the 4 family courts created on January 1st, 1978, matched with one of the 4 family courts which had been functioning before that day as experimental courts. In this way comparison could have been made between the functioning of new family courts and those which had been working for some years to find out if the lenght of the period of work of  the family court contributed to eliminating of various mistakes and dificiencies resulting from lack of experience during the first years of work of the family court. The standard of work of the "new" family courts emerging from the analysis of cases was also compared with that of juvenile courts, civil courts, and criminal courts which had been departments of the same district courts, by way of analysis of the same kind of cases judged before the reform of jurisdiction. This comparison was to provide information about changes which took place in preliminary proceedings, setencing, and execution of sentences, after family courts had taken over the cases which had been investigated before by other departments of district courts.       Another source of information was the examination on the spot of the conditions of work of the 8 family courts the files of which had been analysed, including their staff, the system of social probation officers, the number of different duties imposed, and the power to execute decicions.       Finally, the opinion on family courts was asked of family judges themselves, of professional probation officers of these courts, and of solicitors, whose experience in appearing before different courts in cases of the same kind seemed particularly valuable. A questionnaire examination also included the family judges who had judged in juvenile, civil, and criminal courts before the jurisdiction reform, so as to define their attitudes and opinions as regards various problems of family life. The aim of the questionnaire was to find out any differences between the attitudes of former juvenile court judges in comparison with other judges working subsequently in family courts.         2. The analysis of statistical data concerning the 6-year period (including 4 years after family jurisdiction had been introduced) did not reveal any symptomatic difference which could be related to the creation of family courts. As regards divorce suits, for instance, neither the percentage of cases discontinued due to the reconciliation of the parties increased, not that of dismissed cases; in cases concerning parental authority, the structure of decisions did not change; in cases of penal acts committed by juveniles but a small increase of less radical sentences was noticed; finally, as regards cases of offences against family, guardianship, and the youth, the only change was a slight reduction of the number of sentences to the penalty of deprivation of liberty without conditional suspension of execution in favour of limitation of parental authority.        The results obtained through a detailed analysis of court files of cases formerly heard by juvenile, civil, and criminal courts were much the same as regards the contents of issued decisions. Nevertheless, in some spheres of activity of family courts some favourable changes occurred; unfortunately they were accompanied by a considerable regress in other spheres. In particular, family courts investigated the situation of children of divorcing parents more precisely than the civil courts, but on the other hand they neglected material problems, less frequently adjudging alimony amounting to a sum higher than demanded, less frequently deciding ex officio as to the means of using a common appartment by the divorced parties and adjudging eviction from the appartment of the party who particularly grossly disturbed the family peace. In all cases where the court's decision should be properly executed by the family court machine, a considerable deterioration of the way of execution took place. This resulted both from the lack of adequate interest in this problem on the part of family judges who were engaged mostly in jurisdiction, and from remissness of professional probation officers who were also burdened with many other tasks and whose work was supervised by family judges but in a minimal degree. In spite of their contact with many kinds of cases, family judges showed little interest in prevention. It was interesting to find out that also the former juvenile judges who had been accustomed to give a lot of attention to various preventive activities, now did not differ by any means in this respect from the former civil and criminal judges. Also the functioning of the "old" family courts was by no means superior to that of the "new”  ones, and it was even inferior in some spheres - therefore, the standard of work of the courts was determined by other factors and not by the lack of experience.        The analysis of decisions from the point of view of complexity of their approach to the whole of the problems existing within a given family gave no evidence as to any differences between decisions in the same kinds of cases issued by family courts on the one hand, and juvenile, civil, and criminal courts on the other. Also the anticipation that decisions of family courts would be more compact and complementary to each other if several different cases of members of the same family would be heard by the same court, came true but to a minimal extent. Firstly, the percentage of families towards which at least 2 decisions had been issued by a family court during its period of existence was considerably low, amounting to 25 per cent of families ever included in any legal proceedings. Even in the case of those family courts which had been functioning for 7 years, the percentage in question was not high, amounting to 32 per cent. Secondly, in spite of the principle of territorial division of cases among the judges, only in half of cases, all suits concerning a given family were heard by the same judge. Thirdly, due to the nature of a considerable number of cases, the material gathered for them during the proceedings was of no importance as regards the way of examination and the essence of decision issued in the next case (this concerns first of all suits for alimony). Eventually, only in every seventh case both the same judge had heard the former case as well as the present one, and in the former case material had been gathered which was valuable for the better knowledge of the family and the more relevant judgement. It should also be mentioned that in the case of many of the decisions, there was considerable probability that the verdict sentences would have been similar, had they been adjudged by another judge of the same court, or of civil or criminal court. Therefore, it was impossible to ascertain that the creation of family courts had considerably contributed to a greater complexity, compactness, and complementariness of judgements.            The opinions on the functioning of family courts gathered from judges, probation officers, and solicitors have confirmed a number of remarks made during the analysis of court files and the direct examination of the conditions of work of the selected family courts. In spite of the fact that the very idea of creating family courts has been estimated favourably by the majority of the examined persons (62 per cent), a considerable part of them pointed to the following defects: too wide range of tasks of family courts, the resulting overwork which hindered adequate preventive activities, the domination of jurisdiction as compared with other tasks of the family court. One third of the respondents could not see any advantage in the creation of family courts. Half of them was of opinion that the introduction of family courts failed to increase the protection of children and the youth against demoralization (this was most frequently the opinion of the family judges themselves).            The second questionnaire, concerning opinions and attitudes of family judges, revealed the statements of the former juvenile judges concerning family and its problems to be more complete and definite as compared with statements of the former civil and criminal judges, and to take into consideration more frequently the psychological, pedagogical, social in its broadest sense, and even medical, aspects of these problems. One should, however, bear in mind that, as revealed by the analysis of files, no evidence was found of better work of the former juvenile judges as compared with other family judges.          In the final part of the present article an attempt was made to draw conclusions from the results of the study. Having discussed different possible variants of changing the competence of family courts, a definite model of a family court was suggested, characterized by a different internal structure, narrowed competence and a better defined position in the system of prevention of social maladjustment of children and the youth.
PL
         1. The idea of family jurisdiction is not new, yet it continues to raise animated discussion and controversy. Family courts which exist in many countries have miscellaneous and frequently rather narrow competence. Elsewhere, experiments have been made with family courts for many years now, consisting in taking observations of the works of a few family courts, the traditional orgnization of jurisdiction maintained in the entire country. The family jurisdiction, enforced in Poland on January 1st, 1978, was introduced in the entire territory, the competence of family courts outlined most broadly: all cases directly connected with family relations (affiliation of a child, alimony, nullification and dissolution of a marriage, adoption, limitation, suspension and deprivation of parental authority, institution of legal protection, etc.), cases connected with penal acts committed by juveniles, cases of compulsory treatment of alcoholics in closed hospitals, and offences against family, guardianship, and the youth, fell under competence of family courts.       Family courts which are departments of district courts, have assembled nearly half of the cases coming in a district court. At the same time, cases have been divided between the judges basing on the territorial principle: every judge hears all kinds of cases coming in from the territory he has been assigned. This way, all cases essentially connected with the functioning of a given family were always to be judged by the same judge. The broad competence of a family judge and the fact that he heard all cases concerning the members of a given family was to create conditions in which all problems appearing within that family would be treated on a broad basis in every case, to ensure that each particular pronouncement concerning that family be compact and complementary, to guarantee the correctness of decisions owing to the knowledge of the whole of conflicts which occur in that family, and to make preventive activities broader and deeper.       The creation of family courts caused the liquidation of juvenile courts, all their cases having passed to the family courts, as well as the transference of a considerable part of cases heard before by civil courts and a small number of cases from criminal courts.      Such a far-reaching reform of organization of common jurisdiction has justified the study of the effects of introduction of family courts, the more so as juvenile courts played an important part in the system of preventive measures against delinquency and other forms of social maladjustment. Therefore, it was the aim of the study to find out if family courts realize their function in practice, and what are the factors that determine difficulties or irregularities in case the courts fail totally or partially to fulfill their object.       The study embraced various sources of information about the functioning of family courts, i.e., first of all, statistical data on the jurisdiction in cases which now come within the scope of family courts from two periods: before and after they had been transferred to the family courts (years 1976-1977 and 1978-1981). Another extremely important source of information about the functioning of family courts was the analysis of cases of particular kind judged by juvenile, civil, and criminal couits, and then by family courts. Among the cases which provided a particularly great amount of information as to the way in which family courts fulfilled the goal they were planned to fulfill, were divorce suits, limitation of parental authority, penal acts of juveniles, and criminal cases of offences against family, guardianship, and the youth. Such cases require well-prepared materials before they are examined, comprehensive study of particular legal problems from the point of view of the interest of the family, first of all children that are brought up in it, and finally (apart from divorce suits) active execution of the sentence, as the method of execution determines the results of the entire preceding activity of the court.       A detailed study was made of a standard sample of cases now investigated by 8 family courts - small, medium, and large, each of the 4 family courts created on January 1st, 1978, matched with one of the 4 family courts which had been functioning before that day as experimental courts. In this way comparison could have been made between the functioning of new family courts and those which had been working for some years to find out if the lenght of the period of work of  the family court contributed to eliminating of various mistakes and dificiencies resulting from lack of experience during the first years of work of the family court. The standard of work of the "new" family courts emerging from the analysis of cases was also compared with that of juvenile courts, civil courts, and criminal courts which had been departments of the same district courts, by way of analysis of the same kind of cases judged before the reform of jurisdiction. This comparison was to provide information about changes which took place in preliminary proceedings, setencing, and execution of sentences, after family courts had taken over the cases which had been investigated before by other departments of district courts.       Another source of information was the examination on the spot of the conditions of work of the 8 family courts the files of which had been analysed, including their staff, the system of social probation officers, the number of different duties imposed, and the power to execute decicions.       Finally, the opinion on family courts was asked of family judges themselves, of professional probation officers of these courts, and of solicitors, whose experience in appearing before different courts in cases of the same kind seemed particularly valuable. A questionnaire examination also included the family judges who had judged in juvenile, civil, and criminal courts before the jurisdiction reform, so as to define their attitudes and opinions as regards various problems of family life. The aim of the questionnaire was to find out any differences between the attitudes of former juvenile court judges in comparison with other judges working subsequently in family courts.         2. The analysis of statistical data concerning the 6-year period (including 4 years after family jurisdiction had been introduced) did not reveal any symptomatic difference which could be related to the creation of family courts. As regards divorce suits, for instance, neither the percentage of cases discontinued due to the reconciliation of the parties increased, not that of dismissed cases; in cases concerning parental authority, the structure of decisions did not change; in cases of penal acts committed by juveniles but a small increase of less radical sentences was noticed; finally, as regards cases of offences against family, guardianship, and the youth, the only change was a slight reduction of the number of sentences to the penalty of deprivation of liberty without conditional suspension of execution in favour of limitation of parental authority.        The results obtained through a detailed analysis of court files of cases formerly heard by juvenile, civil, and criminal courts were much the same as regards the contents of issued decisions. Nevertheless, in some spheres of activity of family courts some favourable changes occurred; unfortunately they were accompanied by a considerable regress in other spheres. In particular, family courts investigated the situation of children of divorcing parents more precisely than the civil courts, but on the other hand they neglected material problems, less frequently adjudging alimony amounting to a sum higher than demanded, less frequently deciding ex officio as to the means of using a common appartment by the divorced parties and adjudging eviction from the appartment of the party who particularly grossly disturbed the family peace. In all cases where the court's decision should be properly executed by the family court machine, a considerable deterioration of the way of execution took place. This resulted both from the lack of adequate interest in this problem on the part of family judges who were engaged mostly in jurisdiction, and from remissness of professional probation officers who were also burdened with many other tasks and whose work was supervised by family judges but in a minimal degree. In spite of their contact with many kinds of cases, family judges showed little interest in prevention. It was interesting to find out that also the former juvenile judges who had been accustomed to give a lot of attention to various preventive activities, now did not differ by any means in this respect from the former civil and criminal judges. Also the functioning of the "old" family courts was by no means superior to that of the "new”  ones, and it was even inferior in some spheres - therefore, the standard of work of the courts was determined by other factors and not by the lack of experience.        The analysis of decisions from the point of view of complexity of their approach to the whole of the problems existing within a given family gave no evidence as to any differences between decisions in the same kinds of cases issued by family courts on the one hand, and juvenile, civil, and criminal courts on the other. Also the anticipation that decisions of family courts would be more compact and complementary to each other if several different cases of members of the same family would be heard by the same court, came true but to a minimal extent. Firstly, the percentage of families towards which at least 2 decisions had been issued by a family court during its period of existence was considerably low, amounting to 25 per cent of families ever included in any legal proceedings. Even in the case of those family courts which had been functioning for 7 years, the percentage in question was not high, amounting to 32 per cent. Secondly, in spite of the principle of territorial division of cases among the judges, only in half of cases, all suits concerning a given family were heard by the same judge. Thirdly, due to the nature of a considerable number of cases, the material gathered for them during the proceedings was of no importance as regards the way of examination and the essence of decision issued in the next case (this concerns first of all suits for alimony). Eventually, only in every seventh case both the same judge had heard the former case as well as the present one, and in the former case material had been gathered which was valuable for the better knowledge of the family and the more relevant judgement. It should also be mentioned that in the case of many of the decisions, there was considerable probability that the verdict sentences would have been similar, had they been adjudged by another judge of the same court, or of civil or criminal court. Therefore, it was impossible to ascertain that the creation of family courts had considerably contributed to a greater complexity, compactness, and complementariness of judgements.            The opinions on the functioning of family courts gathered from judges, probation officers, and solicitors have confirmed a number of remarks made during the analysis of court files and the direct examination of the conditions of work of the selected family courts. In spite of the fact that the very idea of creating family courts has been estimated favourably by the majority of the examined persons (62 per cent), a considerable part of them pointed to the following defects: too wide range of tasks of family courts, the resulting overwork which hindered adequate preventive activities, the domination of jurisdiction as compared with other tasks of the family court. One third of the respondents could not see any advantage in the creation of family courts. Half of them was of opinion that the introduction of family courts failed to increase the protection of children and the youth against demoralization (this was most frequently the opinion of the family judges themselves).            The second questionnaire, concerning opinions and attitudes of family judges, revealed the statements of the former juvenile judges concerning family and its problems to be more complete and definite as compared with statements of the former civil and criminal judges, and to take into consideration more frequently the psychological, pedagogical, social in its broadest sense, and even medical, aspects of these problems. One should, however, bear in mind that, as revealed by the analysis of files, no evidence was found of better work of the former juvenile judges as compared with other family judges.          In the final part of the present article an attempt was made to draw conclusions from the results of the study. Having discussed different possible variants of changing the competence of family courts, a definite model of a family court was suggested, characterized by a different internal structure, narrowed competence and a better defined position in the system of prevention of social maladjustment of children and the youth.
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O potrzebie zmian w polskim prawie rozwodowym

60%
Andrzejewski M.
Studia Prawnicze
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2016
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issue 3 (207)
99-127
EN
The author discusses an always relevant problem of the model of the procedure for dissolving marriage. The problem is analyzed from the point of view not only of law, but also social sciences, primarily, psychology. He observes a presence of a dominant tendency nowadays to deemphasize the meaning of marriage and family, and to succumb to crisis and file for a divorce for banal reasons. The so called pro-divorce mentality translates into a tendency observed among judges to favour divorce. On the other hand, the author assesses the legal acts referring to divorce cases as reasonable, i.e. neither favoring nor facilitating divorce. Therefore, a need is emphasized to change the approach to the family in a critical situation. He suggests that in a family court instead of settling family legal problems an attempt should be made to solve them. To this effect, in local communities, special groups comprising psychologists, pedagogues, lawyers, social workers and other specialists should be set up. The ultimate goal for the groups would be to try to reconcile the spouses, to help them solve their family problems, including assistance in dealing with all divorce procedures. People dissatisfied with the proposal suggested by such a group might have a right to file a case in court. In court the proceedings should be held in compliance not with the so far applied adversarial principle but with the conciliatory principle.
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Praca kuratora dla nieletnich w opinii sędziów sądów rodzinnych i kuratorów społecznych

48%
Wójcik D.
Archiwum Kryminologii
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1988
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issue XV
203-249
EN
The paper contains the results of a questionnaire study carried out on national representative samples of family courts judges (277 persons) and voluntary probation officers (247 persons). The main aim of the study was to obtain the practicians opinion as to the model of probation service existing in Poland and its ideal vision, as well as the conception of the work of a voluntary probation officer with a juvenile delinquent and his milieu and the: effectiveness of such work. comparing the statements of judges and voluntary probation officers, the author intended to find out what opinion the persons who play various parts in the process of resocialization of juveniles have on the educational work of voluntary probation officers: what this work should be and what it actually is. The picture that emerges from the statements of both groups of respondents is not favourable, the appraisals made by family courts judges being more, critical as a rule than those of voluntary probation officers. Some of the respondents statements are declarations and wishes. Over a half of the family courts judges (58 per cent) and about 80 per cent of voluntary probation officers consider the voluntary-cum-professional model of probation service for juvenile delinquents found in our country to be a good one (although only a part of them approve of it fully, with the remaining ones accepting it conditionally and submitting various proposals for its improvement). On the other hand, as many as 42 per cent of judges and about 20 per cent of voluntary probation officers opt for the performance of supervision -by professional probation officers only. To substantiate their standpoint, these persons argue that voluntary probation officers lack qualifications, are insufficiently engaged in educational work with juveniles, and that in their case difficulties arise in executing the proper performance of supervision. Also the enrollment of voluntary probation officers is disapproved of, the examined persons stating that in the face of a small number of applicants for this work, no requirements can be imposed upon them, and many of them are chance persons with no training whatever. As few as 7.6 per cent of family courts judges and as many as 48.6 per cent of voluntary probation officers are of the opinion that probation officers are well prepared to perform their function of resocialization. In the opinion of most respondents, the number of voluntary probation officers is greatly insufficient.                        The author was also interested in the respondents vision of the voluntary probation officer's work with a juvenile and his milieu, the elements that should prevail in this work: education, care or supervision, and the actual situation in this respect, as well as the real course of this work. Most respondents (78 per cent of judges and 52.2 per cent of probation officers) stresed the educational elements of a voluntary -probation officer's activity. :What is alarming, however, is the fact a considerable group both of family courts' judges (21.3 per cent) and of voluntary probation officers (30 per cent) believe formal supervision to be the most important aspect.             Yet as shown by the findings of the study, the actual work of .a voluntary probation. officers departs greatly from the declared ideal model. Voluntary probation officers are burdened with an excessive number of supervised juveniles, with about 30 per .cent of them supervising over 10 persons which is the number set as the maximum. The majority of respondents demand a reduction of the number of juveniles under supervision, which is however difficult to be fulfilled because of the lack of candidates willing to become probation officers. As appears also from the respondents statements, there is no elaborate conception of the voluntary probation officer's work. Too much weight is attached when appraising this work to its formal criteria (e.g. the number of probation officer's contacts with the juvenile). Instead, the quality of his work is inadequately analyzed. Admittedly, both professional probation officers and most of all family courts judges lack sufficient data to carry out such an analysis: namely, the information about a voluntary probation officer's work come from his reports that are frequently faulty as regards quality, contents and promptness; this appears not only from the judge's but also from the voluntary probation officers' own statements.             Co-operation between voluntary probation officers on the one hand, and profesional probation officers and family courts' judges on the other hand, is also faulitly organized. The respondents perceive this co-operation as the opportunity to settle definite legal, educational and organizational matters rather, than as a regular influence of the family court towards an improvement of the voluntary probation officers' qualifications and an increase of their educational impact on the juveniles.             In resocializing activities, great weight is attached to the educational methods applied by the voluntary probation officer. His basic method is considered to be that of individual therapy which should be accompanied by group and environmental therapy. As appears from the statements of most voluntary probation officers, the forms of their work, and of influencing the juvenile in particular, were rather modest and poorly differentiated, the probation officers revealing litt1e initiative and being either relucant or unable to make the contacts with juvniles supervised by them more diversified. As few as about 20 per cent of the examined voluntary probation officers were in good contact with some of their probationers at any rate, the contact being of a therapeutical character (which was important in so- far as over 40 per cent of probation officers stated that they supervised- juveniles with personality disorders). In resocializing work, the posibilities of influence in a group of young persons are insufficiently used. Moreover, voluntary probation officers  meet with many difficulties in co-operating with their probationers families, their contacts with the institutions engaged in crime prevention, education or social assistance being also unsatisfactory. Voluntary probation officers co-operate rather regularly with schools, the police, the Polish Committee for Social Aid and occupational guidance centres only (though naturally the degree of a voluntary probation officer's co-operation with the abovementioned institutions differs).             The respondents of both groups expressed their opinions about the effectiveness of the supervision, its conditions and criteria. In general, views of family courts judges and of volunatry probation officers converged to a high degree, the majority of respondents being of the opinion that nothing but the juvenile's complete and positive participation in the social life and proper performance of due social roles testifies to a successful ending of a supervision.             Convergences could also be found. between the judges and the probation officers opinions about the conditions of success vs. failure of supervision. Discussing successful supervisions respondents of both groups stressed the importance of good relations between the probation officer and his probationer, co-operation with the juvenile’s parents, their emotional commitment and readiness to act jointly with the probation officer, the probation officer's competence in getting into emotional contact with the juvenile and his family and to win their confidence. According to the respondents, the most important factors that determine a failure of supervision are: the juvenile's considerable demoralization, influence of the negative peer group, a negative family milieu and a lack of co-operation. with the probation officer on the part of the parents. Therefore, respondents of both groups lay a great emphasis on the importance of emotional relations which should link the three parties involved: the juvenile, his parents, and the voluntary probation officer. The necessity of mutual approval, understanding and respect for each other’s rights, was particularly stressed. Mutual good emotional relations linking the above-mentioned persons seams to be the key issue as far as success or failure of super- vision is concerned. If both the juvenile and his parents have a favourable attitude towards the probation officer and trust him, it will be much easier for him to persuade the juvenile of the necessity of regular learning or changing his conduct, and his parents-of the need for co-operation. Therefore the findings point to the fact that the declared shape of the work of a voluntary probation officer is much better than the actual one.             The final part of the questionnaire was devoted to the use of educational measures and obligations of juvenile delinquents and their parents resulting from provisions of the Act of Nov. 26, 1982 on the proceedings in cases concerning minors. The Act introduced new educational measures and obligations of juveniles, as well as the possibility of punishing the juvenile's parents with a fine and notifying their workplaces or social organizations they are members of about their failure in parental obligations whenever this failure is caused by the parents fault. About 60-70 per cent of the judges never applied the newly introduced educational measures nor imposed obligations upon juveniles, although over a half of the judges and 60-70 per cent of the voluntary probation officers are convinced that it was right to introduce these new measures. A part of the respondents however (one-fourth of the judges and one-fifth of the probation officers) express their doubts as to the possibilities of the family court's supervision of performance of the obligation imposed upon juveniles. Very few judges applied disciplinary measures towards the juveniles parents in practice, although about 25 per cent of them express an opinion as to the effectiveness of a fine, and about 18 per cent believe that notifying the parents workplace may bring about satisfactory results. As compared with judges, voluntary probation officers expressed their favourable opinion as to the effectiveness of these measures more frequently (44 and 62 per cent respectively).             Because of a relatively short period of binding force of the new provisions (which was about one and a half years at the moment of the study), the problem of application of some of the educational measures and obligations in particular, as well as the judges and probation officers opinion as to their pertinence and the possibilities of supervising their execution should be investigated further.
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