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The Definition Of The Scope Of Violence In Anti-domestic Violence Law

Posted on:2017-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LiuFull Text:PDF
GTID:2296330485966280Subject:Law
Abstract/Summary:PDF Full Text Request
In November 2014, the Standing Committee of the National People’s Congress put "the anti-domestic violence law" into the legislative plan. On March It,2016, on the basis of the draft of the revised China’s first for the domestic violence legislation "anti-domestic violence law" formally implemented. This law is of great historical significance for the development of the cause of China’s anti domestic violence. As a national, integrated anti domestic violence legislation, for the concept of family violence definition is bear the brunt of one of the core contents, its scope is not only related to the scope of protection of the whole law, but also affect the development of China’s other local laws, regulations, policies and regulations implementation and judicial activities. Therefore, only the scope of domestic violence will be clearly defined, in order to better achieve the effect of the anti-domestic violence law. In affirming the introduction of China’s anti domestic violence law has many advantages and importance at the same time, I think, for the definition of the concept of family violence, the law still has defects, so this article would like to explore problems, defining the scope of the family violence. Through the research of the whole law, and to cut into the case, combined with the abroad study about domestic violence prevention law and analysis of the actual situation in our country, mainly for China’s anti domestic violence law for acts of domestic violence type definition put forward some suggestions, which should be of violence will be included in the concept of domestic violence behavior way define family violence. With the improvement of family violence types, clear the scope of the family violence to more effective prevention of domestic violence, the better for the victims of domestic violence to provide protection.The scope of the family violence in the anti-domestic violence law is the research object of this paper, first of all to the definition of family violence in accordance with the subject and behavior of the two types of elements to comment on the classification of and then focused on the perfection of behavior types of violence into the law. The main content is divided into six parts:introduction, text and conclusion. The introduction part mainly elaborates the background and significance of this topic, and puts forward the core idea-should be behavior types of sexual violence into violence.The text consists of four parts. The first part mainly elaborates how the definition of domestic violence in China’s anti domestic violence law for the definition of family violence, according to the order of subject and behavior types in detail explains China’s anti domestic violence law. The second part is the analysis of the problems of family violence in the concept of the law against domestic violence. First is the advantages and disadvantages of the provisions on the scope of the subject, mainly involving cohabitation and ex-spouses; and provisions for the behavior type, mainly in the case of introduction, focused on the defects. This part of the behavior of the type of defects lead to the text of the third part, the overview of the problem of sexual violence. In this chapter, the author will explain the meaning, characteristics and harm consequences of sexual violence, and to comment on the views of some of the anti-violence law in our country, put forward the author’s core point of view. The fourth part is the concept of domestic violence against domestic violence in suggestions. Through the study on some foreign typical countries and regions in the domestic violence prevention legislation that sexual violence into the necessity of anti-domestic violence law, and puts forward specific measures to achieve sexual violence into the law operability. Finally, the conclusion part is a summary of the full text of the author’s point of view. Once again stressed the violence into the law not only conforms to the global trend of right protection, is to countless families in our country is suffering or may suffer from the maintenance of family violence of women, the protection of the women in the family should have the freedom and autonomy.
Keywords/Search Tags:law against domestic violence, domestic violence, Sexual violencemarital rape
PDF Full Text Request
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