Our Family Violence Against The Legal Perfect Research

With the development of modern society, family violence has breakthrough is no longer a range of individual citizens, but private world widespread social problems. Although world to the same definition of family violence, but they are generally recognized family violence for the individual, the family, the harm to society to the domestic violence victims, had a tough, serious physical harm the victim's physical and mental health and life safety, make domestic violence victims of a shadow in psychological; Domestic violence to some extent the affection between the husband and wife, break the family's solid and happiness, causing marital breakdown, family disintegration of the next generation, and family caused ill effect, the serious influence family members of the children in normal life and healthy growth; The influence of family violence far beyond the range of social members of family caused some negative effects, easy to cause the retributive violence crime behavior appearance, also further promoting the gender inequality and violent the spread of unhealthy culture in a certain extent, undermined the social stability.China has no against domestic violence on the special law, the relevant provisions on domestic violence in the catalogue of the marriage law of the People's Republic of China, the law of the People's Republic of China criminal law, civil law and other laws. Because China's existing laws on the definition of the domestic violence is strictly defined by the principle of domestic violence, and abroad compared to the definition of a harsh rules already can not adapt to the development of reality very well; The current domestic violence on the provisions of laws principled strong, operation is weak exist such problems; Plus domestic violence situation increasingly fierce, the existing law cannot have very good prevention and control family violence against domestic violence, formulate special legal imminent. Specialized in domestic violence laws against what the subject of family violence "family members" range than traditional range, including not only the traditional sense of family members, including the premarital cohabitation families, same-sex families, single-parent families, former husband and wife and the former lover. Here said the "violence committed" to include not only the physical violence as implementation, should also include the violent as the spirit of not to implement violence and cold violence. In some countries abroad on domestic violence in the teaching, and they have special earlier against domestic violence method and has entered the practice, the successful experience of theory and practice of our country law against domestic violence has important reference meanings formulated. Britain's not hamper the laws and the orders of possession, the United States civil protection orders and mandatory law, against domestic violence in Taiwan to the person of the law in the place in a certain extent plan effectively prevent and control the occurrence of the domestic violence, and effectively protect the victims of domestic violence committed to domestic violence, the human care.But after all, our country and the various countries have different conditions, the way people think is different, so against domestic violence to foreign of reference should be selective, reference abroad on domestic violence in our country the definition of subject and object, against domestic violence special laws in a combination of the development of modern society need to widen the scope of subject and object in domestic violence, and give full play to the grass roots organization the villagers committee and urban residents' committee and community police is our common "PianJing" role in civil, criminal law and procedural law, perfect the laws against domestic violence in China from the source, really effective prevention and control of family violence. We should in theory and combining with sufficient demonstration in the social practice, choose the suitable to China's real and with Chinese characteristics against domestic violence law specially.