Research On China's Current Law On Domestic Violence Issues

Family violence is a long dark history, accompanied by the development ofhuman history of domestic violence intensified.[quote Chen Min:"cry--Chinesewomen against domestic violence report", Beijing: People’s publishing house,2007edition, page ninth] the world more and more women are toxic to family violence,heart caused by the shadow is very difficult to make them active and happy life in theface, some even took to the road of crime. Between this, countries around the worldthrough the law of active prevention and elimination of domestic violence becomesthe main means of social protection of women’s rights and interests. Western women’smovement climax to promote rapid development of feminist jurisprudence, feministlegal scholars tried to eliminate the prejudice against female in the law and society,the protection of women’s maximum in the legal field, equality and respect. One ofthe women in the family violence is the focus of research and attention. Familyviolence caused serious harm to the family and society, which is the biggest obstacleto achieving global gender equality and the protection of women’s human rights.According to the survey, the national Department of women’s rights in thedisintegration of the report points out,35%of our country’s family is caused becauseof family violence. The first clear provisions in the articles of the new marriage lawof2001for the prevention of domestic violence, this is the protection of our countryto strengthen women’s rights in the legislation on the progress. But our countrypresent stage has not special anti-domestic violence law,domestic violence is no relief,this paper would like to feminist jurisprudence perspective, to study the legal issues atthis stage of family violence in China, and called on the majority of women to defendtheir rights struggle. The thesis consists of the following parts:chapter one,Study on the writing methods and the introduction of this thesis mainlyincludes the background of family violence.Chapter two,Overview offeminist jurisprudence from the perspective of family violence. The first is a brief overview of the feminist jurisprudence, legal problems byfeminist jurisprudence research from the view of family violence, family violence andthe relationship of rights and obligations. Long suffering from family violence of thefemale body and mind are hurt, the legitimate rights and interests is difficult toguarantee, thus obtains some problems existing legal intervention in family violence,domestic violence evidence difficulty is big, the performer and the victims’’legalconsciousness is weak.Chapter three,Use feminist jurisprudence of China’s domestic violence cases thereferee and our country to the jurisprudence of feminism, this chapter mainly througha "violence" of the case, the analysis of the referee in such cases in feminist lawapplication. Then combined with China’s specific practice of litigation,from thefeminist jurisprudence is beneficial to China’s legal system development part, trulyprotect women in domestic violence cases in the substantive rights of equality.Chapter four,The prevention of family violence in our country relief preliminaryidea of constructing the system. Due to the imperfect of social assistance system inChina legal system is not mature,lead to family violence intensified. Establishment ofremedy system of domestic violence prevention and control is very necessary. Thispaper mainly analyzes the current situation of domestic violence relief and socialstatus of legislation of our country, proposed consummates our country to domesticviolence prevention law, called on the community to help the family violence womento get rid of the shadow of family violence.