Researching The Legal Problems Of Against Family Violence

The family violence is a world wide international problem, especially aims at the woman, child and old person. In our country, the domestic violence behavior is also increasing day by day. It not only seriously encroaches up on family member's legitimate rights and interests, but also threatens social stability. However, China's present condition about the legal rule of counter-domestic violence is extremely careless, brief, and lacks of operation, at the same time our country's judicature is also not strength. Therefore conducting the thorough research to the legal matter about counter- domestic violence has the vital practical and theoretical significance.This article will be divided four parts to carry on the elaboration to the domestic violence. The first part of family violence outline introduced international, national, Hong Kong and the Taiwan area as well as our country land area to the domestic violence meaning, the scope limit; From angle of view such as sociology, ecology, feminism, psychology inquires into the domestic violence the origin as well as all sorts of harms about domestic abuse. This part of contents constituted the theory beginning of this article.The second part included of present situation of oversea domestic violence and legislation judicature practice. This article has used the massive data to enumerate present situation of oversea domestic violence and present situation of the legal intervention, and introduced legislation and the judicial practice about the family violence in the English America legal system and the mainland legal system which has representative countries like US, England, Norway, Australia and Austria with the comparative analytics. Doing all this is to consummate our country by the time the counter- domestic violence law mechanism to have the enlightenmentThe third part briefed existing circumstances about domestic violence and counter- domestic violence's legal intervention and matter in our country. Looked from the existing circumstances, our country has the flaw in legislation and judicature at present as well as having three difficult problems in handling family violence.The fourth part is the core content in this article, in which the writer introduced the counter-domestic violence's legislation content as well as the legal problem needed to solve The author has carried on the following exploration to it: First, the author believed that, legislation of the domestic violence must bear the brunt be clear about the limitative definition and the scope of domestic violence. Second, the consummation about legal intervention mechanism of family violence is seriously necessary, so the author introduce some valuable experience about oversea counter-domestic abuse method here, in judicial intervention there are the civil protection command, the appeal system, the judicial correcting and punishment system, the evidence system, and the establishment with special domestic violence court and so on. All are the effective sharp weapon to preventing and controlling domestic violence. Finally, the family violence is a legal matter simultaneously it is also the social question. It needs widespread support in each social aspect. In addition, the author has made the brief elaboration about the establishment to social supporting the network system and the development of legal help and rescue in the third and four parts.