On Domestic Violence And Legal Regulation

The family is the social basic cell, and the diapason of family relation constitutes the foundation of modern society civilization , whereas,The domestic violence is a kind of the illegal behavior which violates Human body right of the family member , and a kind of negative factor which influences a family in harmony and social stableness, as a result, it causes domestic and international scholar's extensive concern. The research of domestic violence which began from 70's abroad has become a systematic realm now. Domestic violence law was published in more than 40 nations and region, and practice of the anti- domestic violence obtained a good result in the West . In our country, from the beginning of 90's in last century, especially World Women's Conference in 1995 ,people just started paying attention to a domestic violence problem, the marriage law after being modified rules in 2001:"Prohibit domestic violence", and the phrase of domestic violence starts appearing in the law.But can't deny, existing laws' prevention and control to domestic violence still lacks certain operability, and the domestic violence is hard to get to stop effectively.The modern society requests to prevent and control domestic violence by law, curing the violence conductor and protecting the victim. Law regulations to the domestic violence is the inevitable request of the society in order to protect human rights,realize sexual equality, and set up socialism diapason.So a thorough research to the domestic violence has certain realistic meaning.In addition to foreword and conclusion, the full paper is divided into four parts.The first part pass to introduce basic content of the domestic violence, introducing international level and all countries' define to domestic violence, and definitioned the concept of domestic violence from the domestic violence corpus, behavior type and so on, described the present condition of domestic violence, and analyzed causes domestic violence and endanger.The second part introduced the prevention and control of domestic violence in the abroad,Taiwan and Hong Kong.By analysis, provide to draw lessons for the law mechanism of domestic violence.In the third part the author analyses present condition of the law regulations of domestic violence in the our country and its shortage .The fourth part ,by analyzing the present condition, the author discussed inevitability and possibility of the intervention of public power at first, then gave a advice.Including establishing civil protection, perfecting domestic violence indemnity system and changing intermediation system; Establishing domestic violence charge,admitting rape inside marriage; Enhancing Interferes Strength of the Public Security Organs,Procuratorate and the Court. Be preventing and curing the job in the domestic violence case to perfect and anti- domestic violence relieve system.Although People have the same understanding about domestic violence,and there are related provision in the law,too.there is the problem .and in the judicatory practice medium,traditional idea's influence to juedicial personnel.From the perspective of social gender,this paper has used the methods of comparative study and theory analysis.The method of comparstudy mainly reflects in chapter one and chapter two. In other chapters then pass the method of theories analysis, the author elaborates the law regulations of domestic violence in the our country and puts forward a suggestion.