Jurisprudential Research On The Chinese Domestic Violence Problem

The family is the basic unit of society. Creating a stable and harmonious society, an important element is the promotion of hundreds of millions of family stability and harmony. It accounts for a considerable proportion of the family, there are domestic violence, and relatives of the mutual harm, are not only a serious infringement of the victims of the health and life safety, but also easily trigger a vicious criminal cases. Domestic violence has become a global issue by the international community and all Governments'attention. Chinese legal research on domestic violence starts late, but the Chinese law experts have started to pay attention to this phenomenon. This article against the problem of Chinese domestic violence,on the basis of finishing relevant information, explores the connotation and the root causes of the Chinese domestic violence and tries to analyze the causes of violence which have not been effective controlled in our country,then propose prevention and treatment of domestic violence by the points of concept. In this article ,there are four parts mainly in all.In the first part, this article introduces the concept of domestic violence as a legal aspects . On the question of what is domestic violence, the international and national legislation do not have an universal concept of the law. The reason for this is due to the awareness of the problem in varying degrees, and social life environment, cultural environment, and research perspective, scope and subject, which has led to the failure to form a unified or recognized standard definition of domestic violence. Looking back at China, many Chinese scholars from different angles have defined understanding of domestic violence in recent years, but for how to define the connotation and denotation of domestic violence, as well as the connotation of mining generalized violence or narrow, the views of scholars are not the same. Given this situation,through the research of the subject and specific behaviour of domestic violence,the article defines the concept of domestic violence as a legal aspects.This article holds that the general approach should be clear what is domestic violence, in accordance with the specific conditions of our country, to give way to clear the scope of domestic violence that domestic violence can occur in legitimate family, family unmarried cohabitation, homosexual family; domestic violence can occur between the husband and wife, who had relations between spouses, partners, parents and children, brothers and sisters, grandfathers and grandsons, as well as between other family members; both directly at the victims, but also indirectly point to the victims; the damage caused to the victims includes not only physical, sexual, but also the spirit.The second part of the article introduces the theoretical analysis of Chinese root causes of domestic violence theoretical analysis. On the causes of domestic violence, every country and scholars from many different disciplines to reveal a different perspective. This article analyzes the problems from psychology, economics, social structure theory and the Western feminist theory. As the domestic violence as a social phenomenonwhich causes the formation of a complex, any single theory can not be fully revealed the viewpoints of both the root causes of domestic violence. At the same time, as different institutional and cultural patterns, different ethical moral values and the different legal background, research on domestic violence is not the same perspective.Therefore,in different countries have the reasons for domestic violence is not entire coincidence. This article holds that the root causes of domestic violence in China is complicated, can be summarized as follows: domestic violence is rooted in worship of the people of violence and fear; domestic violence is rooted in the impact of male culture, domestic violence is rooted in material resources on the attachment; domestic violence is rooted in the impact of the traditional concept of rights;domestic violence is rooted in the impact of the changes which are broughted by our social changes.The third part of this article introduces the legislative status of Chinese domestic violence prevention. At present, China is still not a reunification of the Domestic Violence Prevention Law, the protections in "the Constitution of the PRC" on the protection of civil rights, especially on the protections of citizen's right to survival and the right to development are the legislative basis to prevent domestic violence,and the legal measures of specific binding and sanctions against domestic violence are stipulated in different departments such as Civil Law, Administrative Law, the Penal Code and local regulations.But judicial practice shows that, because of the historical inertia and complexity of domestic violence,the existing system of laws and regulations alone makes it difficult to carry out effective domestic violence regulation. Based on the reflections on Chinese domestic violence laws and regulations, this article shows the following reasons for which Chinese domestic violence has not been effective controlled: First, it is because of the state's laissez-faire attitude toward domestic violence. Specifically, Since the exercise of violence will lead to violence against,the original people for fear of violence formulated agreement to hand public violence over to public agencies, but retained the domestic violence at the same time. Public violence and domestic violence divided gradually, which leading to a legal public domain and the private sector division, and ultimately forming the fact that domestic violence are not be Constrained by law. The separation of the original law and domestic violence which extending to this day has resulted in the state's laissez-faire attitude towards domestic violence. At the same time, the view that looking women as men's private property also made the laws which only solve the disputes between the main and the main out of the field of domestic violence.Thus, domestic violence has evolved into the autonomy service of the private sector, where the public powers can not to intervene. Second, the existing laws in the course of fighting against domestic violence is also faced with the impacts which are brought by hysteresis and poor operability of legislation,the absence of judicial protection and the value orientation of the traditional legal concepts which are in fear of legal and disgusted with the proceedings.In the forth part, this article introduces the conception of Chinese legislation on domestic violence prevention. Improvition of laws and regulations is an important link and means to prevent and combat domestic violence. In the international arena, suppression and prevention of domestic violence through the legislative form has gradually become the consensus of all countries. Chinese law on domestic violence provisions only scatters across the various laws and regulations ,but has not a specialized Domestic Violence Prevention Law. Therefore, it is imperative that our country develop a unified Domestic Violence Prevention Law.The logical premise of establishing domestic violence prevention legal mechanism is to establish the correct values. For our country, the most fundamental requirement is to change the idea that domestic violence is a private matter between the family members and that domestic violence should be less intervened. At the same time,we should also look at the issue of domestic violence from the height of human rights, and regard domestic violence as the serious violations of human rights of the victims and the whole of the serious violations of human rights, and then strength the public idea of the norms of relief.