Study On Legal Issues Of Abuse

Abuse is the social malignant tumor harassing the whole world and it has been drawing more and more attention recently. The basic reason is that abuse not only violates the human rights of the victims, but also breaks down family relationship and obstructs social progress. The development of social civilization requires efficient regulation for abuse and the international community (including China) has reached a common understanding and recognition on it. However, there are a lot of defects in present Chinese abuse legislation, especially "heavy punishment, light people", so it is difficult for legislation to gain favorable implementing effect in civil judicial practice, especially in the field of marriage and family. Establishment of legislation mechanism which can effectively prevent and interdict family abuse is not only the demand for safeguarding the legal rights and interests of the victims, but also the inevitable requirement for constructing legal society.The dissertation consists of three parts: introduction, text and conclusion. The text is divided into three chapters.Chapter One: The basic theory of abuse. Firstly, it defines the abuse among family members and compares abuse with family violence and desertion. Secondly, it reveals the history and economic root of abuse. Finally, it describes abuse's harm to individual, family and even society.Chapter Two: Analysis on present situation of anti-abuse in China. Firstly, it introduces the regulations of such major laws as Marriage Law, Adoption Law, etc. against abuse under marriage and family law system. Then, it analyzes corresponding legislative defects and main problems during judicial practice. Lastly, it shows that the legal reasons for current predicament are Chinese traditional legal culture, traditional morality and the legislative feature of current marriage law.Chapter Three: Suggestion on constructing anti-abuse legal mechanism in China. The writer firstly shows the universality of abuse and presents the value object should be hold and reached during establishment of legal mechanism and then details the suggestion on perfecting anti-abuse legal mechanism in China.