On The Regulation Of Domestic Violence

As society develops and the pace of family life increases, domestic violence has constantly been the focus of people’s attention. Due to the diversity of domestic violence behaviors and the controversy over their regulations, many scholars and practitioners have proposed a series of measures, especially in the legal world in which domestic violence has been a sought-after research object. In this paper, the author draws on established researches and uses the means of empirical investigation and analysis in an attempt to analyze and describe this problem from the following aspects wishing to make contributions to the development of anti-domestic violence theories and regulations.The author thinks that firstly a clear definition should be given to domestic violence, secondly the causes and characteristics of domestic violence in modern times need to be found out, and finally the hazards of domestic violence should be researched in order to show the complexity and severity of the problem, which concludes that the regulation of domestic violence is not just a hot theoretic issue, but also a practical legal issue. In the second part, through the analysis of relevant documents and social surveys, a conclusion has been made that in China there is currently no clear definition for domestic violence behaviors and for their committers and that the involvement of government is inadequate. Thorough analysis of the abovementioned three aspects clearly indicates that there are practical difficulties and blind spots in our country’s regulations of domestic violence. The fourth part introduces and analyzes practices against domestic violence in China and the US which are presented from the perspectives of legislation, legal application, social life and government responses. By comparison, defects in our country’s system are revealed and the practices in the US can be greatly inspiring in the reform of China’s anti-domestic violence system. The fourth part is some deep thoughts about the regulation of domestic violence in China, namely what are the major points and how to regulate, and the detailed regulatory measures. The fifth part is the summary of the whole paper in which the author, after taking in consideration the survey results and the American practices, proposes that it is necessary and possible to introduce nationwide anti-domestic violence legislations as well as the legislative ideas and principles we should comply with. Finally, the author concludes with his research achievement, namely Legislation against Domestic Violence (Draft).