The Criminal Legislation And Countermeasures Against Domestic Violence To Women

Domestic violence to women, as a universal problem of human rights , has received wide attention from international society. Compared with the increasing cases of domestic violence, the criminal legislation and countermeasures against domestic violence are absent and lagging. According to the present domestic practical requirement, this thesis refers to the international standards of human rights and studies the problem of criminal countermeasures of domestic violence.There are five parts in this thesis :The first part analyzes the harmful effect of domestic violence to women. Firstly the existing confusing concepts in the theoretical field and publicity about domestic violence are hackled , then a demarcation about the concepts of"violence to women","domestic violence","domestic violence to women"is made. This thesis uses the word of"domestic violence"to denote the violence between spouses for the first time, and focuses its concerns on the problem of"domestic violence to women". Secondly the social harm resulting from domestic violence to women is discussed. This thesis points out that domestic violence to women impedes the social stability and harmony, infringes women's human rights, and hinders the development and advancement of society as well.The second part discusses the restriction and regulation on domestic violence to women. The problem of domestic violence to women exists in international wide, and has become a social chronic disease that troubles many counties. Since the 1990's, the international community has continuously established a series of international human right documents to regulate this problem, and come into common understanding on that prevention and elimination of domestic violence to women is not only the important part of the protection of women's human rights ,but also is the burden of countries and the international society ,and comprehensive countermeasures of violence to women is needed including criminal regulation. Many countries have advanced effective measures to fight domestic violence to women. Our government approves and implements international human right documents actively , and take legislative, judicial and administrative measures to prevent and fight violence to women in order to protect women's human rights.The third part discusses the criminal intervention mechanism of domestic violence to women. This thesis concludes that criminal intervention mechanism is the most efficient way and the most important guarantee to fight domestic violence to women. The criminal intervention mechanism covers series of substantial and procedural system designing and related implementation courses.The forth part analyzes the current situation how does the criminal intervention mechanism of domestic violence to women carries out in China. Firstly the present legislation is analyzed, which is the premise of criminal justice. This thesis illustrates the legal provision about domestic violence to women in the Criminal Law and the Criminal Procedure Law, and states the legislative defects. For example, in present when it comes to cases of domestic violence to women, judicial office generally chooses close charges and crimes because domestic violence to women is not clearly prescribed to be a crime by criminal law. As a result it is difficult for judicial office to deal with these cases.Secondly, this thesis analyzes the current situation of criminal intervention mechanism of domestic violence to women, and indicates some problems. For instance, judicial official have difficulty in applying compulsory measures to control domestic violence to women under way; the legal aid system has not put the female victim of domestic violence on legal aid object of the criminal legal aid system. Meanwhile this thesis discusses the condition of judicial personnel who have understanding warp in domestic violence to women, and do not master the legal resource well.The fifth part puts its emphasis on the construction and improvement of the criminal intervention mechanism of domestic violence to women. Some proposals to improve the criminal intervention mechanism are made. The crime of domestic violence should be enacted in the Criminal Law; A new type of compulsory measures to relieve the female victims of domestic violence should be set up ;The evidence rules of syndrome of abused women should be established and perfected; The function of the procuratorial organs in preventing and fighting domestic violence to women should be enhanced, such as reinforcing the supervision over filing cases ,establishing public prosecution system of domestic violence cases and so on. At the same time the Against Domestic Violence Law should be enacted as soon as possible, and the framework of lawmaking is suggested preliminarily.