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Study On The Legislation And Practice Of Domestic Violence Prevention In Mainland China, Hong Kong, Macao And Taiwan

Posted on:2011-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GuanFull Text:PDF
GTID:2166360305482369Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Domestic violence has long been considered as a threat to family stability that affects social harmony,nowadays,more and more people pay attention to human rights protection.How to eliminate domestic violence and protect vulnerable groups injured in domestic violence has been the focus of attention of all countries in the world, the international community has reached a consensus of protesting against domestic violence, many countries and areas promulgated some relevant regulations to ban domestic violence and made some achievements and accumulated considerable experiences. Taiwan district has established a related comprehensive domestic violence prevention law, Hong Kong and Macao regions gradually formed a set of specific anti-domestic violence social-support systems. This article investigates the anti-domestic violence legislation and practice in Hong Kong, Macao and Taiwan region of China. After analyzing the situation of the anti-domestic violence legislation and practice in China, the article proposes some suggestions to make the legislation system better and accelerate the issue of the new anti-domestic violence law which is proper for China. It will be conductive to the harmony family and society.This paper makes comparative study on the basis of perspective of domestic violence prevention and treatment of status in China's mainland, Hong Kong, Macao and Taiwan areas and scholars'research results, analyses the defects and shortcomings of China's domestic violence prevention and treatment,of with a view to build favorable measures to promote anti-domestic violence law in China's development and progress.The whole thesis consists of four parts besides introduction and conclusion, about 30 thousand words approximately:Introduction is title as brief description of the current status of domestic violence, then introduces the meaning of the topics of this paper, the status of study, research methods and innovative points.The first part is titled as the basic theory of domestic violence. This section is the interpretation of the meaning of domestic violence.first, it discusses the international community's attitude towards domestic violence,,as well as the definition of domestic violence in China, the concept of domestic violence interpreted by the Supreme People's Court in 2001 has often used in judicial practice. But many different opinions about the object of domestic violence, manifestations and damage results in this interpretation had been put forward by scholars. Then, this paper analyses the specific reasons of domestic violence from the view of gender. The causes of domestic violence are related to sociology, psychology, physiology and many other factors, this paper discusses the causes of domestic violence mainly from the perspective of gender.The second part is titled as the status of domestic violence prevention in Hong Kong, Macao and Taiwan region. This part is divided into three small parts,and introduces current situation of domestic violence provention of Taiwan, Hong Kong and Macao in detail, from the implementation the legislative, judicial and social welfare agencies, highlighting the characteristic prevention measures of various regions.The third part focuses on analyzing domestic violence prevention and enforcement of legislation and practice in Mainland of China.With the the legislative,judicial and social institutions of domestic violence prevention in the Mainland of China,we discuss the weak links and blind spot in the domestic violence prevention work.The fourth part is titled as suggestions about how to perfect the law regulating domestic violence in China.The suggestions are based on the useful legislative experiences from the other countries and areas. This part puts forward the suggestions separately from the standpoints of legislation, judicature and social assistance。...
Keywords/Search Tags:domestic volence, Gender analysis, legislation of Hong Kong Taiwan and Macau, comparative study, legislative ideas, prevention
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