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Research On Civil Protection Order System Of Domestic Violence

Posted on:2017-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:S YuanFull Text:PDF
GTID:2206330485967499Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the society and economy develop, all kinds of factors have exerted a wide range of influence on people’s marriage life. In recent years, domestic violence has been frequently appeared in people’s daily life. The phenomenon of domestic violence is very common in our country. According to statistics, in0.27 billion households nationwide, about 30% of the women had suffered domestic violence from her husband, and in domestic violence cases male perpetrators accounted for 90%. Every year, domestic violence lead to nearly a hundred thousand broken families.Usually, people only believe that husband’s beatingwife is domestic violence.However, the children’s beating on the old man is a lack of filial piety, parents’scolding their children is a kind of education. Such things are not uncommon in the real life.But people fail to link children’s beating on the old man, parents’beating and scolding their children withdomestic violence.The reason is that, on the one hand, under the influence of Chinese traditional patriarchal family values, it is generally accepted that domestic violence is the disputes within the family, which are affairs of family members and have nothing to do with outsiders; on the other hand, due to the domestic violence is not a "glorious" affair, many victims are unwilling to reveal what had happened to her or to seek help so as to maintain their own and their family members’reputation. In 2011, the founder of Crazy English Li Yang, perform domestic violence on his wife Kim, which has been put into public view. In this case, the public focus on domestic violence. With exposure of the case, more and more cases of domestic violence has caught attention, some people have condemned the perpetrators, whereas more people will look on the way in which they can seek solution for the victims in terms of preventing and curbing domestic violence problems.Currently, an increasing number of countries and areas has put the prevention and curbing domestic violence in law, including the United States, Britain, Japan, Singapore and China’s Taiwan. While these countries and regions adopt different specific measures to prevent and stop domestic violence, the common features to use civil protection order system to provide relief for the victims of domestic violence and punish the perpetrators.In December 2015, the concerned Anti Domestic Violence Law of People’s Republic of China was officially issued, the biggest highlight of the law is to establish a personal safety protection order system. The twenty-third provision of the new law stipulates, the parties suffering from domestic violence or facing the domestic violence risk, the people’s court may offer the personal safety protection order. "The new introduction of the Anti Domestic Violence Law of People’s Republic of China civil protection order system is still in its infancy, which are faced with many problems such as, there are still imperfect legislation defining the nature of the fuzzy, lack of operating procedures hard to execute. On the contrary, the international civil protection order system has now became the most effective measures to prevent and stop domestic violence in most countries in the world.In this paper, the author adopts the literature analysis, comparison and comprehensive research methods, from the origin of the domestic violence civil protection order--starting from family violence situation, it fully analyzes its composition. Considering the world and the regional methods of preventing and curbing domestic violence-taking the general practice of civil protection order system, which plays a dominant role in the civil protection order system against domestic violence. Moreover, by comparing with the civil protection order system of legislative experience in the other countries and regions, combining with the deficiencies in the present stage of our country legal environment and legal on civil protection order system, this paper points out some problems in China’s civil protection order system. Finally, according to the analysis and thinking of the author, it puts forward opinions and suggestions on the construction of China’s civil protection order system.
Keywords/Search Tags:Marriage and family, Domestic violence, Anti domestic violence law, Civil protection order system
PDF Full Text Request
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