Children On Both Sides Of The Strait Of Legal Remedies Compare Battered Domestic Violence

Domestic violence and child abuse are social issues attracting attention in both China mainland and Taiwan region,abused children due to the limitation by their own capacity, so they are unable to against physical and mental harm through private remedy, which makes public remedy becoming particularly important,the realization of any public relief would be implemented through concrete legal systems. In terms of helping domestic violence and abused child, the mainland has such systems as Mandatory report system,Investigation and handling system,Ruling safety protection system, Custody system and Settlement system; in Taiwan, there are such systems in place as Mandatory report system, Investigation and handling system, System of civil protection order, Custody system, To protect the system as well as Follow-up guidance system,etc. Through to domestic violence and abused child on both sides of the legal relief system comparative analysis found that the Taiwan region has formed a set of execution,and simplified the right and comprehensive and integrated system of child protection,embodied as:the clarification of the tasks, powers and responsibilities of each department, the punitive measures showing both leniency and strictness and the legislative design with the combination of principles and details are required to address this social issue properly. In terms of the setting of these systems, the mainland shows different extent of shortages compared with Taiwan region, such as mandatory reporting system of legal responsibility and informed of the benchmark is not clear, the expiration date is unknown civil protection orders, there is a way to apply for a civil protection order lack of privacy protection for abused children, and so shall not specific. According to the legislative experience and successful practice in Taiwan region, combined with the existing problems of the continent legislation, mainland legislation should be a clear violation of the duty to inform the legal responsibilities of the existing notification benchmark:"found under guardianship of minors"expanding interpretation,stipulated the validity of civil protection order, a civil protection order to simplify the application when the situation urgent manner, specific measures to protect children’s privacy and so on.