Family Violence In Our Country And The Vresent Condition Of The Legislation

Domestic violence, a serious violation of personal rights, becomes a kind of social issue of common concern, as well as being harmful of the family, produces extreme negative social impacts. In today’s more democratic and freedevelopment of the society, more attention needs to be paid to the problem ofdomestic violence. Through the system, constrain and stop domestic violence, make the family develop harmoniously and healthy, no matter the small familyor big family. However, the current time of our country, Insufficiency of the domestic violence law has caused specific cases of domestic violence without laws to go by.The first part of this paper for domestic violence were outlined, in combination with Chinese scholars on the definition of domestic violence and the main western countries and scholars on the definition of domestic violence, the author of the definition of domestic violence to define, domestic violence is qualitative for serious violations of personal rights behavior, violated the equality principle, harmonious family relationship and social stability and unity, it should be severely punished. China’s current family violence situation, has carried on the brief analysis and investigation of domestic violence, the characteristics and the causes as well as to the family and social harm be summarized, so that domestic violence prevention after work lay a basis.Now,our country in the prevention of family violence legislation and judicial defects:one is the specific connotation of family violence, fuzzy, lead to judicial organs in the judicial application of the difficulties; two is the traditional justifiable defense system in domestic violence in th difficulty of application, such as in strict accordance with the traditional self-defence system qualification to implement the justifiable defense, domestic violence victims rights basically cannot get effective protection; three is the social departments of family violence seriously insufficient, processing of negative, so that the perpetrators victims more arrogant, abate or lose help confidence and hope, so that domestic violence is more difficult to control and stop; four is the family violence case prove the rule is unknown, evidence of difficulties, direct restrictions on domestic violence cases the smooth progress of the proceedings, the case can timely and effective solutions, are not up to the protection of victims’rights; five is the law of our country family violence parties lack a clear penalty and relief measures, so that domestic violence although addressed but because difficulties in the execution of punishment is ineffective, and makes some punishment exists in name only, the perpetrators of violence should not be Punishment, the victim without proper protection and comfort.Combined with the actual conditions of our country, we want to do a good job in family violence prevention and control work, should actively improve the related relief measures, promote the anti-domestic violence law, specifically to dothefollowing several aspects:the first is to do a good job in family relief work, play to children in the prevention and control of family violence between parents of special effects, the mobilization of victims of domestic violence to enhance their own value, to construct the family equality between relationship; second is to pay attention to the social support function, reduce the occurrence of domestic violence:give full play to the village, the neighborhood committee and the regulatory role play unit, police in preventing family violence first-line role; third is to perfect the legislation, accelerate individual law against domestic violence introduction:lessons from the western countries and China scholars advanced treatise to family violence an accurate definition, clear provisions relating to domestic violence evidence collection and adoption principles, reference abroad and the experience of advanced area, for domestic violence cases set up special family courts etc.