Research On Civil Law Regulation For Domestic Violence

To control domestic violence and reconstruct equal family status as well as harmoniousfamily relationship，it has become a common practice for the various countries to make legalregulations for domestic violence. However，the legal regulations for domestic violenceinvolve extensive range including civil and criminal aspects，while civil law regulation is onlythe main contents. Though China has carried out relevant civil legislation and judicial work toprocess the domestic violence problem，current civil law regulation system for domesticviolence is not complete. On the one hand，without forming a uniform style，the civil lawregulations for controlling domestic violence are scattered in different laws and regulations.Moreover，most of these regulations are principles without strong operability. Thus，they aredifficult to adapt to the needs of juridical practice. On the other hand，as for the victims ofdomestic violence，the juridical relief approaches are not smooth，and the relief measures arequite limited. Consequently，the legitimate rights and interests of the victims of domesticviolence cannot be effectively protected，and the regulations can hardly play the role ofresolving family contradictions and maintaining family stability.To respond to the needs of legal practice，this paper starts from the legal problemsreflected in the typical cases of domestic violence to analyze and study the relevant problemsin Chinese civil law regulation for domestic violence and proposes corresponding prefectsuggestions for the shortcomings in the current legal system. The author hopes that this papercan be of assistance to solve practical problems in reality，feasibly guarantee the legitimaterights and interests of each member in marriage and family，and create harmonious andorderly social environment.Except the introduction and conclusion，this paper can be divided into five parts，whichare around20，000words.The first part is the raise of the problems. Through analyzing the legal problems reflectedin the domestic typical cases of domestic violence, this part re-examines the limitations andshortcomings of the legal regulations for domestic violence and expounds the necessity ofstudying and perfecting the civil law regulations for domestic violence in China. The second part is the overview of domestic violence. This part mainly introduces thelegal concepts of domestic violence in China, analyzes the subject scope, behavior type anddamage result of domestic violence, and illuminates the causes of domestic violence in China.Moreover, through introducing the hazards of domestic violence, expounding the adverseinfluences of domestic violence on family members, family relationship and socialenvironment, this part further states the necessity of implementing civil law regulations fordomestic violence to provide theoretical support for the perfection of Chinese civil lawregulations for domestic violence.The third part is the investigation for the current situation of civil law regulation fordomestic violence in foreign countries and Chinese Hong Kong and Taiwan areas. This partmainly introduces the civil law provisions against domestic violence and the juridical practicesituations in foreign countries and Chinese Hong Kong and Taiwan areas, and brings inlegislation examples against domestic violence in France, Japan, the UK, the US and ChineseHong Kong and Taiwan areas. Besides, it combines with the practical situation of Chinesecurrent stage for investigation, and absorbs the practice that with obvious effects and suitsChinese situation.The fourth part is the status and shortcomings of Chinese civil law regulations fordomestic violence. This part introduces the legislative and judicial situation of civil lawregulations for domestic violence at the current stage and points out the shortcomings inpractice: first, China lacks uniform and systematic legal norms, and the current legal normsare with poor operability. Second, the rescue measures are performing no function practicallyand with weak effectiveness. Third, the remedy means are simplex and civil remedy does notplay its due functions. Fourth, the rules of evidence are simplex and it is difficult to put to theproof.The fifth part is the perfecting suggestions for Chinese civil law regulation againstdomestic violence. Based on the current situation of civil law regulation for domestic violencein China, this part learns from the advanced experience of others and proposes perfectingsuggestions for Chinese civil law regulation against domestic violence. The suggestions onlegislation aspect include: define the purposes and principles of civil law regulations againstdomestic violence, specify the civil legal obligations of perpetrators, set civil protective ordersystem, establish couple separation system, found special property regulation and establishthe compensation system for tortious acts in marriage as well as additional special evidence rules. The proposals on judiciary perspective contain: conduct legal aid and special judicialexpertise, establish special housekeeping adjudication division and focus conciliation.