Prevention And Treatment Of Domestic Violence Legislation

Domestic violence, as a worldwide phenomenon, is happening both in developed and developing countries, only differing in degrees. But in most of cases, women are victims. The causes of domestic violence are diverse, including historical, economic, social and psychological ones. Among this reasons, the traditional culture and ideas of inequality of men and women rooted deeply in minds of people is the primary one to lead to domestic violence. Domestic violence not only offends women's human rights, but also causes breach of domestic relationship and damnification of social civilization. The progress of social civilization needs the efficient curb to domestic violence. Till now, there is no particulardomestic violence law in China, and the specific stipulations on the prevention and sanction of domestic violence are embodied in civil law, criminal law and administrative law, etc. The present legal provisions have so many shortcomings that they can't work effectively. It is an urgent task for the legislative body to formulate a nationwide 'Rule of Preventing and Curbing Domestic Violence'. Most of all, there are two problems. Firstly, the explicit and complete definition of domestic violence must be given. This paper shows people should have a broad understanding about the meaning of domestic violence. The forms of family should embrace not only traditional ones, but also the new ones that can be accepted gradually by people in during of social evolution, for example, cohabitation families. Secondly, as for some countermeasures of preventing and curbing domestic violence, this paper mainly talks about civil methods. It is necessary to improve the current compensation system, especially stipulate the distinct standard of compensation. What's more, some systems must be set up, for example Separation, Orders of Protection, and compensation during marriage. Only a legal system can provide women with legal assistance and service.