The Legislative Studies On The Relief Measures In Anti-domestic Violence Law

Domestic violence is a global phenomenon that existed in each country in different levels. Against domestic violence is an important part of the protection of human rights, but also is one of the important criteria to assess the human rights situation of a country. Although the provisions about domestic violence of national law of every country are different, but the State should make measures to eliminate domestic violence and protect effectively civil rights has become the consensus of the international community. Among all relief means of anti-domestic violence, the public relief is a major means and channels. Refers to the public relief is the protective and punitive measures that was taken by the judicial organs of the state in accordance with statutory responsibilities and procedures for the protection of the legitimate rights and interests of family members. The reason why the public relief measures is the primary relief means of anti-domestic violence, because the rule of law has become the best state of social control with the development of economy and society and the progress of civilization. The regulation and control of the public relief to domestic violence has a special effect, regardless of the authority of the executive organ, the legitimate insurance of procedures, and the validity of mandatory terms of the outcome. There is no specialized law of anti-domestic violence in China currently, the prevention norms of domestic violence contained in the Civil law, Criminal Law, Administrative Law, and other laws and regulations. The public relief measures of the existing legal provisions relating to anti-domestic violence are obvious lacked, poor applicability, difficult operability and lack of practical value. But Chinese scholars is increasingly deepening theoretical research on the public relief measures of anti-domestic violence and have already explore some progress, the implementation situation of some prevention and suppression policy measures and local law for domestic violence has supplied reference for the constitution of rational public relief measures. Therefore this article analyses the Chinese current legislative status of public relief measures on anti-domestic violence, then the author pointed out that the existing deficiency of China's anti-domestic violence legislation at this stage rely on the legislative situation, and the public relief measures of anti-domestic violence are inadequate in the practice to control domestic violence and difficult to get good results. As to the problem of domestic violence, countries around the world have developed a number of special legislation, which established a reasonable and effective public relief measure of the anti-domestic violence legislation is the key to resolve this problem.The article introduced the public relief measures of some foreign countries against domestic violence in the first two part, and in view of the current situation of domestic violence and the legal intervention to anti-domestic violence, proposed the significant reference to China on the basis of comparison and summing up the experience of foreign legislationThe third part of the article puts forward proposals and ideas on the Relief measures in China's anti-domestic violence legislations. The first is to improve the public relief program, followed by building a separate family court trial; finally, it raised a number of ideas on the types of relief measures.At the end, the author pointed out the dangers of domestic violence from the perspective of building a harmonious society. Also, the author analysis the part of family life where the issue easily ignored, with the hope for China's public of perfect relief measures can significantly reduce the occurrence of domestic violence, anti-domestic violence concept enjoys popular support.