A Study On The Legal System Of Juvenile Domestic Violence

Domestic violence is not only a family problem but also a social problem, and has already received widespread attention from the international community. In China, domestic violence is also highly concerned. Now the "Anti-Domestic Violence Law of People’s Republic of China(Draft)" has been introduced in our country, this dedicate that the anti-domestic violence law is just around the corner to be officially announced. But it must be noted that the draft mostly concerned about the voilence which occurrs between spouses, and seldomly about the domestic violence, than’s not conducive to the protection of minors. Compared to women, minors has its particularity, none of minor ’ s psychology and physiology is mature, domestic violence against minors often result in serious consequences. The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Civil Affairs announced the "guardian of the law deal with several issues against the interests of minors behavior of opinions" that with strong operability and guidance on December 18, 2014, but its cope is limited to four ministries and monitoring violations.Therefore, how to establish an effective legal system for the prevention and treatment of domestic violence against minors,to protect the healthy growth of minors, maintaining family harmony and promote social stability is of great theoretical and practical significance.This paper take examples as foothold and starting point, through deep analysising for the case, discusing the shortcomings in the process of the fight against minors domestic violence in our country, and making recommendations to improve the relevant legislation.Besides the introduction, this paper is divided into five parts, about 28,000 words.Part I: Rasing the issue. This section describes two typical cases, and then extracted from these two cases related issues in this article, namely: on the one hand,the domestic violence against minors are still exists, and alwaya occurred; on the other hand, there are still some shortcomings, such as the weak awareness of opposition to domestic violence against minors,the lack of timely and effective prevention system and disposal system in the process of fighting against the domestic violence against minors in China.Part II: Overview of the prevention against minors domestic violence in our country. This section describes the concept of minors domestic violenc, types, characteristics, and carrys out a detailed analysising for its causes and harm.Part III: legislative regulation on combating minors domestic violence in other countries(regions). First it introduced that, in Japan, it clearly defined the definition of child abuse, and set up place to discuss children’s issue and other advanced legislative experience. Followed is the introduction of the British people using Police protection,Child assessment orders and child emergency protection orders and other emergency child protection system. Finally is the introduction of the civil protection order prescribed in Taiwan Area, and the right to visit the supervision system. Meanwhile it summarizes the reference from these relevant laws and regulations in extraterritorial area for our ountry’s construction of prevention system of minor domestic violence.Part IV: The current situation and comment of prevention of domestic violence against minors in our country. This section describes the current situation of legislation and make some comments of domestic violence against minors.Especially describe the inadequate of "anti-domestic violence draft", such as: Legislation is not in the best interests of the child to implement, does not provide for the concept of domestic violence against minors,lack of proper prevention mechanisms and disposal mechanism.Part V: Suggestions for prevention of domestic violence against minors in our country.First, carrying out the principle of "the interests-maximizing of children’’;the second is to build a legal system for the prevention and treatment of domestic violence against minors,such as provisions the concept of domestic violence against minorsfor, and improve mechanisms for the prevention mechanism and disposal of domestic violence against minors.