Analysis On The Problem Of Domestic Violence Law In China

Family violence has always been the focus of the international community, and how to reduce the domestic violence, from the development of the law to eliminate family violence, to give full play to the linkage of the community, women’s federations and other judicial organizations at the grass-roots level and to provide legal help for victims, is the direction of the countries around the world which is trying to improve and perfect. On the lawmaking of anti-family violence in China started late, since domestic violence caught the attention of people in the1990s, our country is to speed up the pace of study, in all kinds of legal norms on domestic violence. But since there is no comprehensive and special law, a system about domestic violence law always is in a state of fragmented and incomplete, from concept scope to evidence that, in former preventive measures to the relief way, there are a series of operation difficult problem.In this paper, the defining the scope of domestic violence, the expansion of domestic violence of the implementation of the main body into cohabiting couples, not just the supreme people’s court on the applicable marriage law of the People’s Republic of China (a)"the explanation of some issues in between family members, and will be referred to as" intimacy "exist, and it also accords with the international community to scope expanding trend of domestic violence.Through the analysis of characteristics of domestic violence law, sexual violence into the performance of the domestic violence type, extend the existing law of simple division of physical violence, mental violence, enrich the species of domestic violence, of course, as the changes of The Times, forms of domestic violence will also be in the way we can’t imagine.In Europe and the United States and Taiwan earlier studies of family violence, particularly the United States, since the women’s liberation movement in the1960s, the laws against domestic violence has been actively exploring practice, developed a series of specialized laws against domestic violence, a relatively perfect legal system and relief measures.Study abroad related law and the current legislation in our country, legislation of China’s domestic violence and the establishment of the relevant supporting system has a good reference.Many problems exist in the existing domestic violence law, in the legislative level, the system design level, the judicial practice level were not build a reasonable system, need solutions are put forward.The top design, the first is the need to in the legislation, broadening the scope of the subject of family violence, respectively from the aspects of civil, criminal, perfecting my specific legal system country to violence, to be introduced to prepare anti-family violence law.The second is to build a full range of multi-level social assistance system, design the feasible good beforehand to prevent domestic violence, make intervention, remedial measures, for the victim to provide comprehensive social assistance.Finally, in the judicial practice, the adjustment of public security, procuratorates, courts of traditional thinking, establish a mechanism of cooperation, expand the role of the community police, and founded special court against domestic violence cases, protection of the personal safety of evidence, to further refine, optimize, strengthen the judicial relief.