On The Criminal Policy In Anti-domestic Violence

Domestic violence is a social phenomenon that occurs between family members in family life.According to the definition in Anti-Domestic Violence Law,domestic violence includes physical damage and the spiritual damage.Family is the basic unit of social life.If cracks appeared in family life,to a certain extent,will lead to social crisis.Currently,domestic violence is a general concept instead a strict concept of substantive law.Then categorize domestic violence by the degree of harm,some violence may be general offense,and some violence may constitute crime.Therefore in the prevention system of domestic violence,criminal policy is an important part.Similarly,understanding and using criminal policy in a reasonable way is also one of the elements of prevention and control domestic violence.This paper is divided into six parts.The first part introduces the writing background and the meaning of the topic.The second part analyzes the definition and general characteristics of domestic violence with domestic violence as the breakthrough point,the particularity of the phenomenon of crime in domestic violence,the purpose is to understand the crime of domestic violence should be distinguished from the general crime.The third part is the analysis of criminal policy in anti-domestic violence,including the significance of criminal policy in anti-domestic violence,and the specific criminal policy of anti-domestic violence.There are some shortcomings in the existing criminal policy,which need to be perfected in the future.The third fourth is the analysis of the influencing factors of criminal policy against domestic violence,which includes the influence of family culture and the social awareness of domestic violence.The fifth part is the improvement of criminal policy against domestic violence,including criminal legislation policy,criminal justice policy,social prevention policy.At the same time,we should pay attention to the protection of victims in domestic violence,establish criminal policy evaluation mechanism.The conclusion points out the issues that need to be further explored in the criminal policy of anti-domestic violence,with a view to conducting a more in-depth discussion in the future.For some time,with the gradual advancement of the basic national policy of equality between men and women and the deepening of the protection of women's rights and interests,anti-domestic violence has gradually entered the legal system.In a certain sense,domestic violence focuses on prevention rather than punishment,even for crimes of domestic violence.From the perspective of criminal policy to prevent domestic violence should pay attention to the special nature of domestic violence crime,should be based on the harmony of family life,should reduce and resolve the contradiction between family life.If the offender of domestic violence was sentenced to a serious penalty,that will affect the criminals returning to society and family,so that their family life will be difficult to continue.At the same time,it is necessary to improve the criminal policy of anti-domestic violence as the basic national policy of promoting equality between men and women.Of course,any crime and any prevention system are inseparable from the social environment.Therefore,in the development process of the criminal policy against domestic violence,we need to consider national conditions,especially the traditional marriage and family culture,so as to achieve more effective mobilization of various social forces to participate in anti-domestic violence,to build a good atmosphere of anti-domestic violence in the whole society.