Jurisprudence Analysis On China’s Anti-Domestic Violence Legislation

Domestic violence is a problem of reality present in all countries of the world. Womenare the biggest victims of domestic violence. Domestic violence is one kind of seriousgender-based violence. Take legislative measures to empower women, resisting domesticviolence is the trend of the international community to oppose women’s rights,anti-domestic violence legislation is also common experience of all countries of the world.In this paper, based on the status quo of China’s national conditions and legislation,from the perspective of legal theory, author analyzes realistic necessity, theoreticallegitimacy and feasibility of the anti-domestic violence legislation. Highlights includedefining the concept of domestic violence, interpreting the features and social harmfulnessof domestic violence, investigating the causes of domestic violence from the perspective oflegal culture, it ’s the inherent requirements of the law itself that promote the anti-domesticviolence legislative process in our country, as well as to investigate multiple problemsexisting in the status of domestic violence legislation and other factors that led to thenecessity of legislation; from domestic violence constituting a violation of women’shuman rights，the legitimacy of legislation is introduced to the discussion，the weakposition of women is on need to male up by the complement of law, acts of domesticviolence included in the scope of legal regulation according to Mill’s no-harm principle, thelast, demonstrate its legitimacy of that national legislative intervention domestic violenceis the relative deprivation of privacy; in the feasibility analysis section of this article, liststhe promotion of women’s rights to equal protection of factors, including the developmentof international human rights concepts, dominant force from public authorities, support ofsocial forces, battered women ’s self-empowerment, it is these factors that contributed tothe country’s specific legislation against domestic violence gradually becoming reality.Based on the above analysis, in the last part of this article author depicts macro ideasof the anti-domestic violence legislation, in order to better promote the protection of women’s human rights and achieve gender equality in social development. Firstly, thepaper regard human rights and gender equality as legislation philosophy, to raiseprevention of domestic violence to a high degree of protection of human rights, fixing inthe protection of human rights by relevant legislation, comprehensive look at the positiveor negative impact on individuals of different gender especially women by variousmeasures of prevention of violence, and implement the concept of gender equality;Secondly, the anti-domestic violence law should include at least five basic principles, inessence to safeguard the legitimate interests of individuals in the family and society;Finally, the anti-domestic violence legislation model, the family violence Prevention Actcombined with other organic single law, to build a complete system of anti-domesticviolence laws; accordance with the entity of respective legislation to concept andprocedures,around the substantive law against domestic violence, development ofspecialized civil and criminal procedure system against domestic violence field; developsupporting judicial interpretations and regulations to accelerate the implementation of theAnti-domestic Violence Act.