A Study On Civil Legislation Against Domestic Violence

Domestic violence is a serious social problem common around the world, not only bring great harm to the family, but also has great negative impact on the community. Therefore, more and more countries（regions） made efforts to the legislation and institution building on the issue, and has accumulated considerable experience. Domestic violence legislation process in China is also developing rapidly in recent years, and soon the special legislation- "The Domestic Violence Act" will be formally promulgated, it will become another milestone of the history of the anti-domestic-violence law. But at the same time, anti-domestic-violence related civil legislation and supporting measures to match with specific legislation also needs to be improved and perfected. In this paper, the definition of basic problems of domestic violence were analyzed, after combining the legislative status and legislative practice of overseas countries（regions）, to improve our civil domestic violence legislation provides recommendations. The full text is divided into four parts: The first part of the definition of domestic violence were discussed in depth on a number of fundamental issues involved in the definition of domestic violence, such as subjects and objects. The second part is the necessity of improvement of civil legislation against domestic violence, mainly based on the status of China’s domestic violence legislation and the problems of domestic violence’s features, and then sorting out the problems of our civil legislation against domestic violence nowadays. The third part is about the practices of overseas civil legislations against domestic violence and the associated supporting measures, followed by the characteristics and a summary of overseas legislations, and then explains what our civil legislation can learn from it. The fourth part is the main part of this paper, and is about the recommendations for the improvement of civil legislation for our country, which is based on the analysis on the three parts above.