Prevention And Control Of Family Violence-Theoretical Analysis And Suggestions For The Perfection Of Mechanism

Families are the basic cells of the society, and family stability is the basis of social stability. Family violence is a negative factor against family harmony and the harmonious and stable development of the society and a crime against the rights of other family members. As a social existence, family violence is caused by complicated reasons. However, current laws and codes are lack of applicability, which leads to lots of difficulties in relieving family violence causalities. Therefore, an in-depth study of the law issues of family violence from theoretical and empirical perspectives is of great significance for protecting the rights of the causalities of family violence and promoting the equality and stability of the society.Apart from the introduction and conclusion parts, this dissertation includes four parts.The first part first gives a brief description of the status quo of family violence, discusses the essence of family violence, defines the concept of family violence in this dissertation based on the definitions of the family and spiritual violence, and limits the research scope of this study. Then it describes the characteristics of family violence, distinguishes family violence from maltreats and general violence.The second part elaborates the theoretical backgrounds and the necessity of the prevention and control of family violence based on the analyses of the reasons for family violence and the influences of family violence. Besides, it mainly discusses the legitimacy and theoretical base of the involvement of public power (i.e. the main body of the prevention and control of family violence) in family violence, and the conflicts and contradictions between the involvement of public power in family violence and people's rights to privacy and between the involvement of public power in family violence and female causalities'rights to independence.The third part focuses on the introduction and overview of the legislation and practice concerning family violence in Canada, the United States, Korea and Taiwan. It briefly describes the status quo of the legal base of the prevention and control of family violence in China, analyzes the results of the current laws concerning the prevention and control of family violence in China, and finally proposes to perfect the legal mechanism for the prevention and control of family violence in China based on the advanced experiences of foreign countries in this respect.The fourth part proposes the general conception to perfect the prevention and...