Public Authority To Intervene In Domestic Violence Legal Issues

Family was originally harbor of well-being for people, but the one which poisoned by a culture of violence has become hotbed of violent crime and backroom for covering violent crime. Looking at our peaceful surroundings, you may wonder at this marvel of statistical data, domestic violence exists in 30% of 270 million families in China; at least 100,000 families disintegrate each year because of domestic violence. Women children and the elderly, who are vulnerable in families, become the main victims of domestic violence, and victims of the deadliest are the majority of women in particular fellow.Domestic violence results in serious harm to families and society. It is both the family's misfortune and disaster, and the enemy of social stability and order. It causes great harm to victims, other family members and perpetrators, results in fragmentation of a large number of families. Moreover, it affects political stability, economic development and cultural harmony.To observe domestic violence, we will find that there are unique psychological and sociological reasons in its formation. These reasons not only provide a new perspective for understanding and researching domestic violence, provide strong support for the public authorities intervening in the domestic violence, but also find feasible new methods for intervention.Public power is designed to maintain and enhance the power of public interest. It comes from the private right and is the mean to achieve private right. At the same time, public power is conducive to the realization of individual rights and promotion of social civilization and progress; and domestic violence is not only a family problem, but also social problem. Domestic violence brings tremendous physical and mental suffering, causes family instability even family broken, endangers political stability, affects economic development, results in cultural ills. Therefore, domestic violence not only damages the rights of individuals, but also endangers the public interest, even the public authority itself. The seriousness of the domestic violence determines that it is impossible to prevent and govern the problem by family itself or other social forces. So, we only turn to the public authority intervening in domestic violence effectively. We can say that, in solving the problem of domestic violence, authorities intervenes is the inevitable choice. Therefore, the public authority must step in domestic violence to protect private interests, maintain family harmony, and promote political stability, economic and cultural development healthily.Intervention of the authorities in domestic violence has the following function. Domestic violence is criminal behavior, judicature intervene in domestic violence can crack down illegal action, punish crime and protect national legal order. Many perpetrators of domestic violence have psychological problems, public health agencies can force perpetrators to take on psychological treatment, monitor psychological evaluation in the community, and provide advice intervention on people who have psychological problems timely. Domestic violence is caused by the imbalance in capacity; the involvement of public power can balance capacity of violence, which results in not the implementation of potential perpetrators of domestic violence, and achieve the effect of preventive measures.Intervention of Chinese authorities in domestic violence should be done in two major aspects:Firstly, change our mind, includes changing of the leadership at all levels, the staff in relevant departments and changes of social mainstream thought. Secondly, improve the mechanism. In this aspect, we should promote the public power in the legislative, executive, and judicial aspects simultaneously, prevent domestic violence in advance, rescue and govern subsequently by the theory of law, psychology and sociology.