Domestic Violence and Solving Mechanism of Legal Thoughts
|Course||Civil and Commercial Law|
|Keywords||Domestic violence Legislation Solving mechanism|
Family is the harmonious society, social stability and peace is the cornerstone of progress. In China, the existing domestic violence, but this kind of violence "family" for shelter, "family affairs" banner, conceal its blood. Domestic violence is not only the increasingly serious harm the victim’s physical and mental health, infringe upon the lawful rights and interests of the victim, the more stable and harmonious society, the destruction shall be caused extensive concern of the whole society. In recent years, the world to curb domestic violence made a lot of effort, but due to various causes of family violence and not get effective control, instead of increasing trend appears. Although China in《the supreme people’s court on the applicable law the explanation of a certain specified》in the " domestic violence, but still too vague in judicial practice, there are still many problems are not effectively solved. In this sessions, the all-china women’s federation, vice secretary, is also the NPC standing committee of deputies credentials committee ChenXiuRong representative proposed method for the violence of the bill, she pointed out that "in 2004 to 2008, the family’s system accepts the violence of the annual number of complaints about $40,000 to 50,000 pieces, all complaints about the tenth, and still have the growth trend. Family received hotline people reflects the rights of children from violent and children complain of family violence in increasing. China’s law of family violence against the sampling survey also showed network, family violence in the general population for 34.7% incidence. "domestic violence for public violence, their behavior latent and repeatability and sustainability of citizens and characteristics, such as social caused a very bad effect. This article mainly from the following aspects of domestic violence is discussed:The fist part is overview of domestic violence. This part of the first introduced the concept of domestic violence. Current legislation of family violence is not only related to explain the theory explanation and judicial interpretation. The author argues that the defining of family violence from "family" and "violence" two aspects. Family violence is beating, binding, forced restriction of personal freedom or other means for their family members, the physical, mental, and causes certain harm consequences. Secondly, introduces the characteristics of domestic violence. Domestic violence is the main qualitative and subjective intentionally, behavior of concealment, etc.The second section discusses about domestic violence prevention and other countries of the legal regulations and judicial practice. Mainly from the United States, Japan, Britain and Australia in four countries, discusses the national legislation and judicial practice.The third part discusses the present situation of the domestic violence prevention. This part from three aspects:A Chinese domestic violence is the status quo; B Family violence is the legal provisions in China; C is China’s domestic violence prevention in other problems. Although China has three is built against domestic violence across the relevant law system, civil, criminal and administrative areas, but no domestic violence prevention, and the existing laws and regulations still has many shortcomings, and lack of maneuverability. At present, the domestic violence prevention of judicature, except the lack of perfect social assistance system.The fourth part discusses about the domestic violence prevention paper. At present domestic violence legislation and judicial practice, "damage for infringement" and "mandatory civil and criminal prosecution" policy. And the relevant social prevention and control measures are put forward their own views.