The Discussion Of Several Issues Of China's Anti-domestic Violence Legislation

With the continuous progress of the process of law against domestic violence, with the development of human rights protection work, China, especially in Hunan, is on the pioneering and innovative way to the rule of law against domestic violence and forms their own characteristics. However, based on a variety of factors, China's anti-domestic violence law has not yet formed an integrated network engineering. This article tries to counter the analysis of the Hunan's documents about domestic violence laws and regulations as the starting point, the Hunan's judicial practice of anti-domestic violence as the breakthrough point,discusses the defects of China's anti-domestic violence legislation and puts forward some approaches, further perfecting the law against domestic violence.Introduction section briefly describes the subject of this article, the basic idea. Hope this article to make up for anti-domestic violence legislation of insufficient contributions on their own meager strength, thus contributing to China's commitment to the prevention of domestic violence in line with China's national conditions of realization.The first part, through the comparison of domestic violence, clear the meaning of the domestic violence in this paper. This part provides a comprehensive analysis of the cause of the domestic violence, such as ideology, economy, politics, law and etc, so as to explore the defects of current law and provide the basis for the future prevention of domestic violence, thus supporting the legal measures.The second part comprehensively expounds China's legislation on the prevention and treatment status of domestic violence, from the perspective of the civil, criminal, administrative and other substantive law, combining with the procedural law, and identifys the shortcomings of current legislation, thus improving the network of prevention of domestic violence and laying the law basis.The third part, based on the analysis of the violence laws and regulations in Hunan Province, focuses on the advantages of the anti-domestic violence legislation and the practice in Hunan Province, therefore attempting to push the experience of the Hunan Province to the whole nation and promoting the rule of law in the process of combating domestic violence.The fourth part, based on the facts, combining with the features of the Hunan Province and the advanced theory of extraterritorial laws, from the perspective of the specific legislation, civil, criminal, administrative and other substantive law and procedural law and the legal consciousness puts forward the corresponding legal measures, trying to build a scientific comprehensive network of law and contributing to the progress of the cause of anti-domestic violence.In conclusion, in concluding a full-text,the author recognizes that the prevention of domestic violence is a comprehensive systems engineering and the rule of law project is just one sub-project. Only the real implementation of various laws and the enhanceing awareness of the law, we can succed in combating domestic violence effectively.