Criminal Law Research Family Violence

In China, the anti-domestic violence legislation proposal first appeared in 1995, now has two decades. This often occurs in cases of domestic violence in two decades, to the enormous social and family pain, the voice of anti-domestic violence legislation is increasing. 2011 is the history of our country against domestic violence memorable year, in July this year, the NPC Standing Committee will be the Domestic Violence Act into the legislative work program in October, the Domestic Violence Act legislation officially launched demonstration projects. November 25, 2014 introduction of the "Anti-Domestic Violence Law(Draft) People’s Republic of China"(Draft)(hereinafter referred to as "Anti-Domestic Violence Law(Draft) "(draft)"), currently the legislation drafting stage. "Anti-Domestic Violence Law(Draft)"(draft) mental violence as a type of domestic violence, will cohabitees included in the scope of domestic violence against objects scattered on the relevant provisions of other laws against domestic violence were summarized. In March 2015 the Supreme People’s Procuratorate, Ministry of Public Security and the Ministry of Justice four departments have jointly announced the "handling cases of domestic violence a crime according to the law of opinions"(hereinafter referred to as "Opinion"). It is the first in the history of criminal justice explanatory document on the crime of domestic violence, it has important implications for the work against domestic violence in China. It will also foster the relationship between domestic violence crimes included in the adjustment range, certainly domestic violence and violence against the self-defense provisions of lighter mitigate punishment. August 2015 through November 1 implementation of the "Criminal Law Amendment(ix)" to increase provisions for minors, the elderly, sick people, people with disabilities who have custody, care responsibilities abused by care, care of people, vile, three years imprisonment or criminal detention; expanded compulsory indecent crime and scope of child molestation of women, increased the aggravated punishment. But for theorists appeal to a higher sexual violence does not address the scope of domestic violence subject is still controversial, details of the problem of domestic violence in self-defense is not detailed rules. The author believes that it is necessary to discuss controversial issues.This paper is divided into five parts: The first part is an overview of domestic violence, the second part discusses the scope of domestic violence crime against objects; the third part of the analysis of domestic violence; the fourth part is a time of family violence in self-defense conditions, and defense limit discussion; the last part is a combination of discussion preceding discussion of domestic violence-related issues, propose legislation to improve recommendations.This article first overview of the Family Violence. From the perspective of domestic and foreign legislation and international documents introduced the concept of family violence; criminal law crime of domestic violence sense regulation; from a historical perspective of domestic violence legislation were introduced; from the perspective of the world will be our home violence extraterritorial criminal legislation and legislation are compared.The second part of this article on the crime of domestic violence against the object were discussed. Affirmed the importance of family violence against the object of study, describes the current provisions of legislation against domestic violence, the object of "family members" of the concept are analyzed, relevant scholars rejected the proposal to expand the family members explained, He affirmed same-sex cohabitants, heterosexual cohabitants, former spouse, former cohabitants and non-living common-law with her in-laws, and parents-in-law as a crime of domestic violence against objects.The third part of domestic violence were studied. This section has two questions. First, from "sexual violence" into the Family Violence necessity angle, discussed the status of China’s current status of sexual violence in domestic violence, international and relevant national and regional legislation sexual violence, but also on "marital rape" problems were analyzed, and the results denied the "marital rape" exists conclusions, but considers mandatory behavior within marriage should be regulated in terms of sexual abuse; the second part discusses the definition of abuse, combined The latest analysis of the abuse of legal provisions that standard, the final practice for the difficult problem of ill-treatment in three more representative discussed.The fourth article focuses on the problem of domestic violence in self-defense. First, "violence with violence," and self-defense was a conceptual interpretation. From then on the "criminal violations" of the understanding and the "necessary limits" finds two aspects discussed, identified domestic violence in self-defense against the limits of standard conditions and modalities. Finally, from on the "progress" of understanding the point of view of domestic violence in the defense of time, on the "battered woman syndrome" are introduced, it denied its views directly to the evidence of self-defense as a scholar, but certainly the intrinsic value and significance of this theoretical study on family violence crime. In the final section of this article, also discussed the "violence with violence" way women’s issues, on how to better solve the problem of battered women against domestic violence behind bars due to put forward their views.The last part, the author of the preceding discussion, the issue of criminal regulation of domestic violence crimes made some suggestions. First, the scope of the crime of domestic violence against objects, I believe that should be enlarged, and put forward its own proposal; secondly, the application of the criminal law of sexual violence included in domestic violence crimes after the author put forward his view that can different situations, respectively molestation of women and children, rape, intentional assault, maltreatment punished. Finally, the author recommends the "battered woman syndrome" into domestic violence cases.