Juvenile Victim's Procedural Rights Protection In Domestic Violence Cases

The Frequent occurrence of domestic violence is not only a family problem but also a social problem.It impacts the survival and development of the individual,social harmony and national security.It has received extensive attention of the international and domestic society.We have legislated the "Anti-Domestic Violence Law of the People's Republic of China "On December 27,2015.The "Anti-Domestic Violence Law" pay more attention to domestic violence between spouses but not the juveniles.In addition,The Supreme People's Court,Supreme People's Procuratorate,Ministry of Public Security and Ministry of Civil Affairs announced the "guardian of the law deal with several issues against the interests of minors behavior of opinions" announced on December 18,2014.The regulation has strong operability.It plays a guiding role,but its subject is limited to the people's court,the people's procuratorate,ministry of public security and the ministry of civil affairs rather than the public.And the regulation is only in view of the violence from guardians but not take other family members into account.Therefore,establishing and perfecting the guarantee of the litigious rights of the juvenile victim in the domestic violence crime system is significant to protect the physical and mental health of minors,family and social harmony,stability maintenance is of important theoretical and realistic significance.Throughout the study of the current issues,scholar focused on litigation right of criminal victims.The research concentrated on domestic violence cases is less,especially for the juvenile victim in the case.This article discusses the defect through two cases in real life and analyze the two regulation through literature analysis and comparative analysis.Then the article makes recommendations to improve the relevant legislation through the comparison to overseas experience and the reality of our country.This paper is divided into four parts.Part ?:Overview of the minor victim of domestic violence crime.Firstly,the article expound the definition and type of domestic violence crime through the analysis.Secondly,this paper analyzed the characteristics of juvenile victims of domestic violence crime and the significance of the guarantee for juveniles' crime litigation rights.Part ?:Analysis of the rules of guarantee of the litigious rights of the juvenile victim in the domestic violence crime in overseas.Mainly in the United Nations,Japan,and Taiwan.Part ?:explicit the status of the guarantee of litigious rights for the juvenile victim in the domestic violence crime.The paper analyzes from four aspects:traditional conception,legislative,judicial,and system.Part ?:take recommendation from legislative and supporting system to perfect our guarantee of litigious rights for the juvenile victim in the domestic violence crime.