The Necessity And Feasibility Analysis Of The Intrusion Of Sexual Violence In Anti - Domestic Violence

Sexual violence, as an unique form of gender violence, causes serious harm to victims physically and mentally. Advanced legal remedies and protections on jura personarum are needed while a considerable number of family members have suffered and continue to suffer domestic sexual violence in China. In China, domestic sexual violence is regulated by the criminal law, civil law and marriage law. Since China’s first Anti-domestic Violence Law of the People’s Republic of China implemented on March 1, 2016, public and social power’s intervention on domestic violence becomes on a systematic route. Meanwhile, domestic violence is no longer "housework" for purposes of protecting the lawful rights and interests of family members.About the concept of family violence, Anti-domestic Violence Law of the People’s Republic of China Article 2 stipulates as : For the purpose of this Law, “domestic violence” means the inflicting of physical, psychological or other harm by a family member on another by beating, trussing, injury, restraint and forcible limits on personal freedom, recurring verbal abuse, threats and other means, which dosen’t set out sexual violence directly. However, it is necessary to state Sexual violence as an independent act of domestic violence. First, domestic sexual violence is a unique form of sexual violence, which harms the basic human rights of family members and causes the physical and mental damage seriously. Secondly, there is a certain degree of sexual violence in our country, of which the main victims are women and children. This kind of infringement always possess concealment, and victims often lack of legal remedies. Thirdly, in the study of sociology, law, ethics, medicine, epidemiology and psychology, sexual violence has been gradually recognized as a domestic violence type. Fourth, countries around the world taking the trend of special legislation on preventing and curbing domestic violence, generally treat sexual violence as an independent type of domestic violence. Sexual violence is included in the definition of domestic violence in a number of the files United Nations and the World Health Organization published, in which China also has signed already.Into the scope of the definition of domestic violence the "sexual violence", the family violence prevention and stop, the victim relief has a positive significance and the bear international legal obligations, to gradually improve China’s legal system of social protection can also plays a role in promoting.Declaration of sexual violence as an act of domestic violence has positive significance on preventing and curbing domestic violence and relieving victims, which is necessary to undertake international legal obligations and responsibility and also plays a role in promoting China’s legal system of social protection. According to relevant law, there are two feasibility approaches to implementation the sexual violence as a specific type into the domestic violence. On one hand, extensive interpretation could be applied on relevant article of law according to the method of law explanatory. On the other hand, Supplement and Perfection of the scope of domestic violence could settle in the relevant judicial interpretation and local legislation.