Research On Domestic Violence To Minor Children

For the sake of preventing and curing domestic violence to minor children, not only a special system of prevention and control constructed with the legislation related and the social assistance is needed, but also the theory foundation and basic principles should be stipulated in the course of definition as the base of this system. This thesis examines the hotspots of legislature and jurisdiction, adopts all excellent legal experiences of foreign countries and Taiwan, makes the research object and values, put forward the suggestions for the contribution of the system preventing and curing domestic violence to minor children. The thesis is formed by three chapters.Chapter one makes a research on outline of domestic violence to minor children, mainly discusses the definition of " minor children " , the ranges of principle parts and styles of the violent actions. The definition of " minor" should conform to traditional legislation; but " children " contains different meanings according to different principle parts. As the behavior parts of domestic violence to minor children, parents and guardians are mainly same all round the world. Accept the two parts, " other patriarch " should be used to cover more forms in the future. The styles of the violent actions include not only normal behavioral and spiritual violence, but also indirect violence. As the base of conclusions above, a bran-new concept " patriarchal violence " take the place of " domestic violence to minor children " to avoid the lengthiness. At the same time, the rationality, meaning and disfiqurement are discussed.Chapter two introduces relating legal and judicial experiences of American, Japan and Taiwan. In legislature, the regulations on protection order, the prevention indirect violence and supervised visiting right are formulated by American <1989 Children Act>, the four part of <1996 Family Act>, Japanand Taiwan law. In judiciary, the duty of local authority is emphasized. Chapter three is the keystone of the thesis. First, legislature related to preventing and curing " patriarchal violence " should be analyzed as the basis of legal system; Second, " children' highest interest " and " the system constructed with absolute legislature and special social assistance " are the principles and value that should be upheld. In legislature, the thesis talks about" Prevent Domestic Violence Advices " , special" patriarchal violence " legislature, Marriage Law and Law of Civil Procedure, etc. Some advices are proposed about the concept, adopting protection order, the differentiation between the custody of system and the paternity. In social assistance, advanced experience in Japan and Hongkong are used for reference. The assistant use of community is emphasized, at the same time, civilian organizations are sustained in the course of preventing and curing " patriarchal violence " .