Countermeasures For Prevention And Control Of Family Violence

On February27,2012, the National Women’s Federation organized the anti domestic violence legislation suggestion forum on which, the NPC Law Committee announce that the anti domestic violence legislation have been incorporated into this year’s NPC legislative work plan. This indicates that China’s anti-domestic violence took a major step, and which is undoubtedly a gospel for the victims, embodying the progress of Chinese law.But undeniable, at present the phenomenon of family violence in the world is the existence of different level, domestic violence cases in divorce cases accounted for the proportion is still higher. Taking Jiangsu province Xuyi County People’s court as an example, in2010a total number of the new collection of divorce cases is557, among which there were70cases is caused by family violence, accounting12.57%of all the divorce cases. The problem of domestic violence since the nineteen seventies gets the widespread attention of international society, the experts, scholars, social organization, and the government all give great efforts, whether in practice or theory which have made a great achievement. Such as the United States of America formulate and revise a series of laws to punish acts of family violence, and create the civil protection order system; British law clearly defines the two decree:prohibit harassment and deportation to protect the rights of victims. In China, the National People’s Congress, the State Council, the local governments have formulated policies and regulations against domestic violence, some provinces also continued to carry out the "habeas corpus", which has made great progress on against family violence. Unified anti domestic violence law, a writ of habeas corpus, judicial separation system all give us experience, and guide the direction of anti domestic violence currently. Combining the reality of our country, draw lessons from domestic and international successful experience, perfect social deliverance system, and cogent anti domestic violence work carried out in the end.The first part of this article mainly introduces domestic violence theory; introduce some researchers’ violence theory research; Analysis on family violence situation from the legal, historical, social resources, law enforcement and other aspects.The second part mainly introduces legal Countermeasures loss of the prevention and control on family violence in China; and introduce China’s current actual situation against family violence from the legislative status and existing problems.The third part is analysis on the foreign legal system of anti family violence. Mainly on legislation and judicial practice formulated by the USA, UK, Canada, France, Japan and other countries. Analyze its characteristics with the specific provisions which we can learn.The fourth part is to perfect the conception of China’s domestic violence laws. This part is the key part, it is put forward on the basis of the first, second, third part of this article and combining the domestic researchers for seeking suitable countermeasures for China’s national conditions. It is described mainly from the two big aspects of legislation and society. I hope my suggestions can be suitable for the social status and can make contribution to China’s anti domestic violence.