The Study On The Legal System Of Anti Domestic Violence From The Perspective Of Gender

Family violence is a social problem of concern around the world,whether developed or developing countries exist the problem.It is dangerous to storm's physical and mental health,influence a child's healthy growth and social stable development.Family violence against the object may be all the family members,but mainly refers to the gender based,violence against women,and for women's domestic violence is the most common,the most serious.With the rapid development of economy and society,people's life and work pressure gradually increased,the problem of domestic violence is at an alarming rate gradually highlights.Lasted for more than a year of Li Yang domestic violence cases,has aroused widespread concern in society,but also pushed to the cusp of the problem of domestic violence.The author believes that the existence of these problems reflects the social contradictions in a certain stage,but also exposes the problems in the legislation of anti domestic violence in China.Although our country is currently developing a series involving domestic violence laws and regulations,and on 27 December 2015,promulgated the "the People's Republic of China on anti domestic violence law",but we should also see,current anti domestic violence legislation in most of the provisions of the content comparison principle,the lack of operability,making the effectiveness of regulation of the problem of domestic violence in judicial practice is not obvious.It is necessary for us to the past anti domestic violence law make a survey and analysis,lack of exploration of the existing legal system and fully absorption other important research perspective and methods,more deeply promote the development of anti domestic violence law and perfect.The author thinks that the research method and the angle of view of social gender is exactly what we should learn from.Gender theory is the western feminists to change the social development in the long-term discrimination against women,to achieve real equality between men and women and put forward the important theoretical achievements and important places of social gender construction is in the marriage and family.It is necessary for the law of our country from the view of social gender perspective analysis of law have different influences on female and male,more in-depth on family violence law perfect,in order to realize the substantive equality between men and women,fundamentally solve the problem of domestic violence.In this paper,we follow the idea of the problem,analyze the problem and solve the problem,through the five parts to connect.First of all,this paper introduces the basis and significance of this topic,domestic and foreign research status,research methods and means.Then,the gender theory is introduced to analyze the concept of gender and its significance,the generation and development of social gender theory,content,function and function.Then,starting from the perspective of social gender,exploration of China's anti domestic violence on the existing legislative provisions and status of implementation analysis of social gender perspective of family violence value,and analyzes the problems existing in China's anti domestic violence law,mainly is the lack of legislation,law enforcement,judicial subject and the general public social sex concept distorted and specific legal norms from the perspective of social gender.On this basis,the overseas advanced experience is worth us to draw lessons from,focusing on selected the United States,Britain,Norway and China's Hong Kong and Taiwan area,analysis and comparison,with a view to China's anti domestic violence legislation perfect provide useful experience of anti domestic violence legislation and judicial practice.Finally,the author believes that it is necessary for us to perfect our anti domestic violence law system,mainly from the established anti domestic violence of social gender education system,construction of anti domestic violence social gender law screening system,consummates the gender of anti domestic violence law relief system in these aspects,in order to solve the problems of domestic violence in our country play a useful role.