The Criminal Law Protection Of Domestic Violence

The people’s Republic of China on anti-domestic violence law, carried out in March 2016, is making overlooked family violence quickly into public view and breaking the old thought about the traditional law is off the house. Because the problem of domestic violence has been frequently discussed in public, legal academics start to focus on the domestic violence crime. In this paper, the nature of the crime of family violence is different from domestic violence, so the article is about to discuss this issue limited in the criminal field. Based on the serious social harmfulness of the domestic violence crime, the necessity and urgency of regulating domestic violence by the criminal law are also seen.Current criminal law in the regulation of domestic violence crime, this paper intends to discuss the problems as follows.In this paper, through the research of the regulation of domestic violence crime abroad and home, I will put forward the following recommendations: first, to make out the pattern of the family violence crime, mainly for the continuity of crime of abuse, the problems of hurt times need to be further clear; Second, to improve the litigation of domestic violence crime. At this stage, China has expanded the subject of litigation to close relatives and the public prosecution, I suggest the prosecution mode on the basis of the gradual transition. Third, family violence death need reasonable charges system to regulate, behavior for various crimes by the penalty is also a big difference. Therefore, it is suggested setting a modest scale of penalty is necessary in order to minimize the situation of some sentence; Fourth, the crime of family violence lies in social harmfulness, it is also a threat to Chinese traditional moral construction. Therefore, it is suggested appropriate adjustments related to domestic violence crime penalty to regulate this crime is necessary, with the law which is the only powerful and the most effective hand.Based on the previous theoretical results, access to foreign theoretical works, our practical experience, I put forward relevant suggestions to change the situation where such violence is internal affairs because law is not an outsider, so as to curb domestic violence crime this social malignant tumor, strengthen the authority of law and the effective protection of human rights.