Research On Anti-family Violence Law System In China

Because of human worshipping violence and having the feeling of fear,an authority arises to restraint the violence.However,the violence between family members is not contained.Under the influence of traditional thought,the idea of "women subordinating to men" is saved.A lot of women's basic necessities of life depend on their husbands totally.Intergenerational heredity of domestic violence also is a noticeable reasons leading to the prevalence of domestic violence.Anti-family violence law and other relevant laws and regulations,on legislation,law enforcement,judicature and social participation,constitute an anti-family violence law system,which has important significance.Nevertheless,there are still many deficiencies in the anti-family violence law system of our country.Protection of the victims is far from enough in provisions of laws.It's hard to quote for victims.The discretion of public security organ is too flexible to help victims.At the same time,social organizations have no power to deal with domestic violence.The United States takes much count of the domestic violence legislation activities in the 1970 s.Therefore,we can use the experience of America for reference in some system design.We should expand the main scope of the application of the legal system against family violence,take the sexual violence as one form of domestic violence,raise the statutory sentence of crime of abuse to correct the perversion of lenient or severe,qualify domestic violence victims to request damage compensation even if divorce is not put forward,establish national monitoring system.In the implementation of law,we should rethink what procedure will be applied and applicable startup mode,the distribution of burden of proof between the parties;clearly define the responsibility of the public security organs,narrowing the discretion.In addition,we should give full play to the advantage of social organization to stop family violence and defuse family conflicts.