Demonstrate Of Domestic Violence On Criminal Law

The domestic violence is a global social question.It directly affects the harmonious of family and stable of society.In the law world,the studies of domestic violence mainly is in Civil law and Marriage law.Actually, domestic violence is closely connected to criminal law.According to the flaw of legislation of domestic violence, appraisal on criminal law to the serious domestic violence already to appear extremely essential.Simultaneously, because quite weak in criminal law discussion on domestic violence,carefully examining and thinking of domestic violence has important significance of regulating and preventing domestic violence crime in the view of the criminal law.Be formation to the understanding of domestic violence from criminal law, constructing theory consummates as far as possible of domestic violence,has the vital significance regarding the criminal judicial practice.This article mainly carries on the criminal law explanation form five parts to the domestic violence:First,it is clear about the domestic connotation in the domestic violence.I thought in the criminal law the domestic scope makes the expanded explanation not suitably.The domestic meaning should be narrower than the civil law in.It refers having ties of relationship and on the condition of living together.Second,it is clear about violence connotation in the domestic violence.The domestic violence is one kind of the violence in criminal law.According to the violence in-criminal law in manifestation,degree scope,behavior, function object four aspects.I thought in the domestic violence,the violence incompletely equates it in the criminal law.The meaning of violence in domestic violence is smaller than it in the criminal law.Its one,the violence in domestic violence mostly displays constituting the crime for itself.Its two,the upper limit of the violence in domestic violence is killing intentionally.The lower limit is higher than the violence standard of other crimes in the criminal law.It requests to achieve above the minor wound degree.Its three,the violence in domestic violence only refers to the realistic violence.Its four, the violence in domestic violence is not including belongings.In addition,the domestic violence in criminal law removes the cold violence, and points out all domestic violence are intentionally crime.Third,the common crime in domestic violence.The special form of the common crime in domestic violence is the blood relation community resisting individual marriage relation.In judicial practice,it is not all common crime people all must investigate the legal responsibility.We thought the most reasonable explanation is the theory of Expectation Probability.Law can not expect family members who live together prevent the illegal criminality of the other members in one family.In one-sided accomplice of domestic violence,it has no legal regulations to investigate the legal responsibility.But it should be affirm in the value.This involves the principle of"Nulla poena sine lege" from formalism to valve principle.Forth,the penalty of domestic violence.It should be difference wreaking havoc and victim,and consider different factors.I thought should be aggravate punishment to wreaking havoc.It should be pay attention to divise the boundary of justifiable defense of the victim who unbeared the domestic violence.We do not investigate the legal responsibility to the behavior belong to the justifiable defense.And generally lenient to the behavior belong to intentionally injury.Finally, on the base of the flaw and insufficiency of the domestic violence crime in present criminal law, I suggest to build special domestic violence crime in the criminal law.It being a kind of crime compound to the other ten kinds of crime in the criminal law.We expect to arrive the legal effect of regulating and preventing domestic violence crime.