The Construction On Prevention System Of Domestic Violence Against Children

The so-called domestic violence against children means the people who have the fostering or guardianship responsibility and who live or used to live with the children conduct the behavior directly against children that may cause any form of physical or mental violence, injury, neglect, abuse, sexual invasion, it also means the behavior that will make children hear or witness domestic violence or put them under the influence of all kinds of violence. This concept further expand the range of domestic violence against children, neglect and sexual violence are included besides the original physical and psychological violence. It is possible to maximize the protection of legitimate rights and interests of the children who suffer domestic violence. But the regulations on the subject and behavior way of domestic violence against children are no the same in different countries.In China, due to the impact of traditional ideas, children are regarded as the accessories of their parents; parents can punish their children as they wish. The disciplines of "no beating, no useful person" and "dutiful son under the sticks" are generally accepted and used by parents as a legitimate way of education. In the situation of domestic violence rationalized, the children who suffer domestic violence are difficult to have a reason and opportunity to resist it. At the same time, the public often think violence against children is a "domestic affairs that outsiders are inconvenient to intervene", and always hold the tolerant and acceptable attitudes on these behaviors. This also makes domestic violence against children hide in the family for a long time, and can not get the concern from society. These factors make our children suffer a long-term harm of domestic violence, and the protection of children’s legitimate rights and interests is out of the question.Although prevention and sanction terms on the domestic violence against children are regulated in china’s related laws such as the "Marriage Law","Immature Protection Act",Opinions on the civil law,"Criminal Law", seven ministries’"opinions on the prevention and suppression of domestic violence", and27provinces have unveiled a number of local laws and regulations on the prevention and suppression of domestic violence against children, but these legal and institutional systems which fight with domestic violence against children are so complex, a variety of laws, regulations and judicial interpretations can not be well linked, and most of the legal provisions are too principled without operability and difficult to implement, so the children who suffer domestic violence are difficult to get the protection from these laws; these laws have gradually become legal slogans.We are now facing many problems in the prevention of domestic violence against children. We are required to build a prevention system on domestic violence against children as soon as possible. This system should be based on the principle of "the interests-maximizing of children" and "multiple responsibilities", a legal prevention system, public assistant prevention and relief system for domestic violence should be established separately. To build these legal systems, on one hand, we have to revise and improve our existing laws, on the other hand, on the basis of our reality to enrich and improve our laws on the prevention and treatment of domestic violence against children, we should accept foreign advanced experience in legislation such as mandatory reporting system, the system of civil protection orders, custody and supervision system. The preventive and rescue functions of community and school should be emphasized in building the public assistant prevention and relief system, while the function of legal aid organization for domestic violence against children should be continuously strengthened. The construction of prevention system on domestic violence against children not only needs the improvement of legislation, it also needs the cooperation of governments, public organizations and individuals.