The Legal Regulation Of Domestic Violence

Domestic violence is a global phenomenon,and in different countries,it exists in different levels.Woman is the major victim of domestic violence.Domestic violence not only encroaches on the human rights of the victim,but also,at the same time,damages the family relations and destroys the civilization of human society.As the advance of social civilization, domestic violence behavior needs to be effectively regulated and restricted with rules.In our country,now,special anti-domestic-violence has not been constituted,and the regulations against domestic violence are scattered in the legal regulations,such as civil law,criminal law and administrative law,so serious legislative defects exist in the present situation of anti-domestic-violence in our country,and in practice,favorable executive effects are hard to be achieved.The special legislative work that carries out domestic violence prevention and cure has become an urgent task in front of legislative administration.This paper is to analyse the present situation of the domestic violence in our country,and,on the basis of referring to the outlandish experience,to put forward a conception of constructing multi-control and eliminating domestic-violence,and,to make related legislative suggestions.This paper is divided into 4 sections:The first section discusses the connotation limit of domestic violence.Firstly,the conception limit of domestic violence is introduced.From the subject identification and category of domestic violence,I will discuss the meaning of domestic violence itself in order to give an accurate limit of domestic violence.The form of domestic violence includes the violence in body,spirit and sex and other threat behavior violence.And the subject range is not only confined to family members or relatives,but is decided by the subjective feeling of victim,including all forms violence as far as possible, which will has an active impact on the redress against domestic violence.In the second section,anti-domestic violence system is compared in different countries and regions.The anti-family violence legislative conditions will be compared among British, America,Canada,Taiwan,Hong Kong.The above countries and regions have formed a series of mature legal systems,especially the American anti-domestic violence law:it involves the multi-agency cooperation to control the family violence,consummating the development strategy with the community as the center against the family violence comprehensively.This will optimize our country's law conditions,help to constitute anti-family-violence law and quicken our country's anti-family-violence process. In the third section,to analyse the cause of domestic violence.The cause of domestic violence has the following reason of some aspect mainly,from the current law of our country about domestic violence stipulates all-around analyse,through much angle,cut income,deep level dissect,find out existent problem and defect,with a view to legislative suggestion make. Our country passes unceasing effort,is dominant after forming with newly-wed marriage law, stretch over the criminal,civil every legal multiple department such as administration administers stipulation.However,these stipulations are too scattered,and not systematic, some merely somewhat principled stipulation,lack can operatingness.Law is still innegative and passive state in hitting and controlling domestic violence still has not special domestic violence law of prevention and cures so far,disadvantage punishing and punishing domestic Shi Bao,restrain domestic violence efficiently.However,after the specific stipulation in which carries out careful analysis,does not discover a lot is below.Prepare a special on the contrary domestic violence law reply complex,serious domestic violence problem urgent needs.Our country does not now prepare special on the contrary domestic violence law, breaks up concerning domestic violence current stipulation to see in each law strip,does not have systematicness and has many leak,could not offer help for victim.It is more necessary to enact a special domestic law to handle for domestic violence.The forth section is the conclusion of this paper,on the basis of the above argumentation; I put forward a systematic construction of anti-family-violence in our country.The paper assumes that our country's present laws and regulations take an important effect in curling family-violence,but they are too scattered and are hard to put them into practice,in addition, in itself,there are many defects,so it is weak to prevent and prohibit family violence in law practice and to protect and redress the victim.In this situation,this paper elaborates the necessity and the problems of the public authority interfere in anti-family-violence system, constitute united anti-family-violence law,provide effective ways of redressing the victims, assure the law protection for the victim of family violence,build a multi-anti-family-violence prevention and cure system,suggest the future civil legislative introduce the following civil systems:damage compensation system during marriage,protection systems etc,modify the present lawsuit mode,proof regulations,to redress the right of domestic violence victim in time and control and eliminate domestic violence.