Study On Building The System Of Prevention And Control For Domestic Violence Based On Public Power

Domestic violence is an act of violence while occurs between family members in an unlawful and contrary to social ethics, The occurrence of domestic violence not only violates the victim's body,health,reputation, and other basic rights, but also destructs family relationships and socio-cultural. There are many reasons for domestic violence, Among them, the relative invisiblility the persistence and complexity of violience, lacking of dedicated anti-domestic violence law, and the remedies available in the application of public power and operating on the lack of practical value, lacking of the special domestic violence relief system based on public power and other factors, are main reasons that led to China's current domestic violence cases have been on the rise.Due to Domestic violence has a devastating impact on the parties,families and society, the law about our anti-domestic violence is Continuous improvement. However, theorists still seldom researched on how to establish domestic violence prevention and control system problems based on public power.This paper analyzed the meaning of domestic violence, producing and characteristics, thought that public power is not only necessary but also feasible to intervene in domestic violence prevention and control system. The prention and control system is constituted mainly by social and judicial prentions. The necessary for prention and control domestic violence is that society prention and contral system will help protecting the legitimate rights and interests of victims, police power will prevent further domestic violence, judicial means and other aspects will have special significance for preventing domestic violence.The basic theory that public power prevent and control domestic violence are power constraints, the basic human rights and the rule of law. At present, there are some problems in China's anti-domestic violence legislation and practice. For example, the Marriage Law Article 3 provides: baning domestic violence. So, who should implement the ban on behavior? If we have the preventing office, then, how should we exercise the prohibited acts? If we had the protecting office, how can we exercise the act of prohibit? If the law does not make specific provisions on these issues, Those Problems which the way of remedies and damages to victims will adjust to rely on moral and implemented.All these problems show that public power is in a passive situation.The main reasons are due to that domestic violence law provides for the principle, public power's responsibilitiy of preventing and control is not clear, Relevant legislation about Anti-domestic violence scattered, social organization lacks capabilities of preventing and control domestic violence.So we should establish and improve China's anti-domestic violence public power system. First, we must insist on a combination of public relief and private relief. second, we should establish and improve various forms of family violence prevention and control mechanisms of public power, Including the establishment and improvement of social prevention and contral system, Strengthening the functions of public security organs, establishing and improving the special family court trials, protection orders and separation system, etc.Finally, we should also strengthen special legislation of anti-domestic violence.