Gender Analysis Of Anti-domestic Violence Law In China

The first part is the introduction,mainly elaborates the research content,research purpose,research significance,research perspective and research object,along with the domestic and foreign research status reviewed.The gender mainstreaming thesis emphasizes that in order to achieve the goal of gender equality,the policy and the law should be formulated over a comprehensive consideration of the different influences on men and women.Chinese law has set relevant legislation about domestic violence,which makes a significant effect on the protection of victims.From the social gender perspective,the domestic violence is reflected in the power and control of male toward female,which is a group issue rather than individual affair on gender inequality.Therefore,under the background of gender mainstreaming,using gender analytical method to analyze and deconstruct the anti-domestic violence law in China,can not only bring more protection to the victims,but also achieve substantive gender equality through the fairness and justice of legislation.The second part mainly expounds the gender operating mechanism of domestic violence.Inequality of gender is the root cause of domestic violence.Gender operation mechanism is formed by the interaction of various elements as gender roles,gender temperament,allocation of social resources,gender concept and gender evaluation,result in a complex system of restrictions on sexual behavior.Through this gender mechanism,it can be found that men's violence against women is not individual reasons,but the gender inequality.The third part deconstructs the current anti-domestic violence law in gender perspective.With the gender theory to inspect China's "Anti-domestic Violence Law",helps to analyze gender structure on the purpose of legislation,the concept of domestic violence,the protection of personal safety,and prove the deficiency of its gender consciousness,as well as provides references for legislation improvement.First of all,legislative purpose tend to protect the legitimate rights and interests of the family members,domestic violence would be prevented and curbed,which beneficial to break the traditional norms "Isomorphic" and " Family Interests First".Secondly,the definition of family violence genre harbors progressiveness comparing to the past,which includes mental violence,yet still lack of relevant provisions on sexual violence.Moreover,the definition of family violence subject is gender discrimination to some extent that it includes no homosexuals in the "living together" group,which unfavorable to the rights protection for homosexuals.Thirdly,on the personal safety acts,it creatively proposed protective measures and embodies the protection of vulnerable groups,which exemplifies justice reformation and distributes justice values.The fourth part puts forward some suggestions on the legislation of anti-domestic violence under the tendency of gender mainstreaming.For better domestic violence regulation and victims' protection,the improvement of China's "Anti-domestic Violence Law" should be based on gender construction which lies in the following aspects: firstly,on the legislative purpose,firmly discards the family-oriented ethical spirit,replacing by victims standard instead.Secondly,on the concept of family violence,cover sexual violence in family violence,verify incrimination of marital rape so that the rights and interests of women in both public and private spheres are equally protected.In addition,conclude gays and lesbians in the main subject of family violence.Thirdly,for the legal responsibility,optimize the trial and execution of Personal safety protection order,categorize and externalize the civil liability toward family violence.Besides,implement the procedural rules of the public prosecution and private prosecution combination,and more rigid evidence rules on illegal activities.