Study Of Legal Issues On Public Power Interfering With Domestic Violence Prevention

Domestic violence not only caused damage to family members,and also caused great harm to the society,all those make it from family internal problems rise to social problems and even legal problems.Based on this reason,all countries in the world pay attention to the problem of the domestic violence prevention.In some countries of civil law system and common law system have established a relatively perfect system in view of the prevention and control of the violence,which from the legislative,administrative,judicial to social relief.The purpose of the public power is to protect the private rights,so only public power intervention is effective to prevent the occurrence of domestic violence.Domestic violence prevention must be out of the difficult position of the "law does not enter the house and in an era of public power intervention,and at the same time we must limit the involvement of the public rights to prevent the public power in violations of the privacy right.At present,public power intervention in domestic violence prevention issues still exist deficiencies in our country and also exist deficiencies in some repect of the legislative,administrative,judicial and the involvement of social relief.So the author combined with China's national conditions and draw lessons from foreign experience,Uses the method of literature study and comparative study,reflects the problem of public power intervention in the domestic violence prevention of our country,and then puts forward some perfect suggestions.This article is divided into four parts,which are about fifteen thousand words.The first part:The basic theory of public power interfering with domestic violence prevention.The author starting from the connotation of domestic violence,expounds the meaning and the characteristics of public power intervention in domestic violence,analyze the necessity and legitimacy of the public power intervention,put forward the condition and limitation of the public power intervention.The second part:The present situation and analysis of public power intervention in domestic violence prevention in foreign countries and Hong Kong,Macao and Taiwan regions of our country.The third part:The present situation of our public power intervention in domestic violence prevention and disadvantages.This part is introduced the legislation condition,the judicial actuality and social assistance present situation of our public power intervention in domestic violence prevention.At the same time points out the deficiencies.The fourth part:The advice to perfect the public power intervention in domestic violence prevention.First of all,we have to establish value concept of Private remedy combined with public remedy;Secondly,We must improve the domestic violence prevention under special legislation and perfect the related civil and criminal law relief system-Introduce foreign judicial separation system in the civil remedies,Add " the Crime of Family Violence"in the criminal remedies;Finally we must set up various forms of public power to intervene in the domestic violence prevention mechanism:The government,the social relief agencies,the public security organs,court,the procuratorate should give full play to their respective functions to establish various forms of public power intervention in domestic violence prevention mechanism.