An Initiative Study Of Legislation Against Domestic Violence In China

Domestic violence, especially the violence at the women in the family, hasbecome the hot issue of the international society nowadays.The increasingly serious domestic violence not only infringed upon the victim's legal rights,but also breaking the social stability and development.On November 3 in 1999, the United Nations General Assembly approves the resolution,that settling November 25 as The International Day of cancellation violence to women. Currently there has been more than 40 nations and regions promulgate the specialized law to fight agaist the domestic violence in the world. The scholars come from many countries have researched these Phenomenons and exchanged their theories and intervention Measures.From the beginning of 90's in 20 centuries, especially after the 1995 world women's conference, the problem of domestic violence has gradually become the main concern of the whole society in china .Apeal and activities that agaist the domestic violence become more and more.The law of marriage and family that released on April 28 in 2001 clearly orderd in the foreword that ,,forbiden the domestic violence" .But there still some blemishs of current law and practice in our country. In this paper the author expresses his own opinions toward the concept domestic violence after the analysis of the western country's theories and prctices.Then points out that setting a unify law to oppose the domestic violence is very important.The paper divided into four chapters. Chapter 1 introduced the main definitions about the domestic violence in some foreign and Chinese laws ,and some famous scholars'opinions about it.Then point out that in order to give a fitting definition of the domestic violence, each nation should pay attention to their tradition and cultur.In this chapter the author also introduced some western scholars theories of the reasons caused the domestic violence .Chapter 2 introduced some countries experiences of anti- domestic violence.Beause of the increasingly serious domestic violence, many countries have take some measures to anti- domestic violence ,such as setting law ,provision helps to the victim women , This give us good apocalypse of anti- domestic violence.Chapter 3 introduced the realistic circumstance of domestic violence in our country , point out that establishment a unify law of anti- domestic violence is necessary .In chapter 4 the author designed the frame of the law anti-domestic violence in our country, such as the principle of the anti-domestic violence lawm, the definition the anti- domestic violence law, the succour way of the victims.