Research On The Protection Of Children Suffering From Domestic Violence

Children are the future of our country, whose development is not only theproblem of family themselves, but also the one matters the development and processof society. Up to now, emphasis on children has become an important criterion toexamine the civilization level of a country.Generally speaking, home is a warm haven to children.However, hometransform into the platform for violence, in which children are abused wantonly,resulting from the influence of traditional culture and the impact of social life. In theface of these incidents of violence against children, people show their sympathy whilehave to reflect: why are perpetrators so rampant? Why does not law punish them? Andwhat responsibilities should nation and society take respectively in suchcircumstance?Based on this, this article identifies the deficiencies referring to the definition ofdomestic violence in judicial interpretation of China’s Marriage law, starting from theanalysis of domestic violence against children, combining academic views and thedefinition from other countries. In the meantime, definition of domestic violenceagainst children is provided, according to socio-cultural background and people’sgeneral cognition in our country, and further the reason and influence are stated inregard to domestic violence against children. Secondly, this paper clarifies thenecessity, feasibility, bounds with respect to the public power intervention in domesticviolence, as while as its insufficiency in our country. Public power intervention indomestic violence is necessary for the harmfulness of domestic violence againstchildren, public-good of public power and insufficiency of relief to such infringementthrough private rights.The advantage of public power itself, namely control ofresource and strong force, together with the limitation of private rights, provides abasis for the feasibility for public power intervention in domestic violence. However,public power is not uncontrolled, which has its bounds to exercise, that is, thelegitimacy and rationality of intervention. As to intervention approach, perfect publicpower intervention should be the promotion of legislation,judicial,administration atthe same as time and the full integration among prevention in advance, rescue inprocess and post-processing, as per the type public power and stage of its intervention.In the end, suggestions are put forward to perfect child protection via public power intervention, after the analysis of the insufficiency of public power intervention in ourcountry and experience from child protection in America and Taiwan. Specifically,suggestions include developing special legislation, improving of relevant legislation,perfecting government-led child protection system participated by multi-party bodyand performing well in prevention in advance, rescue in process and post-processingin cases of domestic violence against children.