The Legal Thinking On Domestic Violence Prevention In China

With the rapid economic and social development, people’s life and work pressure is gradually increased, while wealthy people’s lives, pluralistic concept of marriage has cropped up, premarital cohabitation bigamy, cohabiting that undermine marriage and family harmonious problems still exist and intensify, and the new problems emerge, such as trial marriage, flash marriage, net marriage. All the reasons above make domestic violence at an alarming rate gradually highlight.At present, China’s domestic violence is widespread present in some families, it is seriously endangering the victims’healthy of physical and mental, their children’s healthy growth and undermine social stability and development. Since China has not yet written the domestic violence prevention law, the existing "Marriage Law of the People’s Republic of China " and the relevant law to the provisions of the domestic violence prevention have many gaps and loopholes, at the same time, Supreme People’s Court on the application of "PRC Marriage Law "Interpretation of Several Issues about the definition of the concept in domestic violence is not very perfect, which makes the domestic violence problems can’t obtain effective prevention and treatment, the victims can’t get effective protection, and the perpetrators can’t get the heavier punishment, thus causing the phenomenon of domestic violence intensified. It is Li Yang domestic violence cases, which lasting more than one year, that cause widespread concern in the community, and that make the problem of domestic violence again pushed to the cusp. Domestic violence prevention will help reduce the divorce rate, protect the victim’s physical and mental health, help children grow up healthy in the superior environment and maintain family harmony and social stability. This paper discusses the prevention of domestic violence issues, draw lessons from extraterritorial laws and practices on prevention of domestic violence, then put forward to corresponding suggestions on the problems existing in the domestic violence prevention. In order to effectively combat domestic violence, protect the legitimate interests of victims, and maintain social stability, China should issue the law of prevention of domestic violence as soon as possible, and improve the existing legislation to make the work of China’s domestic violence be smoothly depth, and hope that all sectors of society can cooperate effectively to meet the domestic violence targeted prevention, thus truly realize the prevention of domestic violence. This article mainly discusses the legal thinking on domestic violence prevention in China from the following four parts.The first part is an overview of domestic violence. In this section, the article mainly discusses four aspects, namely the concept of domestic violence, the characteristics and types of domestic violence and the significance of domestic violence prevention. It discusses the characteristics of domestic violence from the subjective intent of the perpetrator, the concealment of the behavior and other five aspects. Secondly the paper mainly discusses domestic violence between husband and wife, parents and minor children, adult children and their parents, unmarried cohabitation between men and women. Finally it is from reducing the divorce rate, conducive to the healthy growth of children and other four aspects to discuss the significance of domestic violence prevention.The second part is the related regulations and practice of domestic violence prevention outside and implications for China. This part discusses separately the related regulations and practice of domestic violence prevention in the United Kingdom, USA, Japan, Taiwan and Hong Kong. Followed by summing up the same place of the United Kingdom, USA, Japan, Taiwan and Hong Kong in the relevant regulations and practice of domestic violence prevention, it discusses the reference for the domestic violence prevention in China.The third part is the current situation and the existing problems of the domestic violence prevention. This section discusses the current situation of domestic violence prevention in the first place. Secondly it discusses the several problems of domestic violence in the prevention, namely the relevant legislative provisions of the domestic violence prevention is imperfect, legal remedy lag and lack of effective means of relief, the victim’s difficulty of proof, lack of effective preventive measures and punishment for perpetrators is too light, the provision of legal liability is not clear, lack of effective domestic violence relief organizations, concerned sectors of society not pay enough attention to domestic violence and improper handling.The fourth part is the suggestions of improving our country’s prevention of domestic violence. For the seven questions in the third part, this section puts forward some prevention advice, namely improving the relevant legislation of domestic violence prevention, establishing effective relief measure, carrying out reversed burden of proof to domestic violence case, establishing effective measures of prevention and increasing penalties for perpetrators, clearing the legal responsibility about perpetrators of domestic violence and related personnel and institutions, establishing practical and effective domestic violence relief organizations and the supervision system on domestic violence prevention.