Domestic Abuse Of The Minors Under Mandatory Reporting System Research

Children suffering from domestic violence problems emerge in an endless stream in today's society,China's "law on protection of minors" and "anti domestic violence law"and other relevant legislation on the identification of domestic violence,prevention and sanction made certain norms,especially the existing legal norms in children's compulsory reporting system attracted a lot of attention and debate theory the academic and practical circles,China's mandatory reporting system in practice has played a great positive role,but there are some problems,the first is in the aspect of legislation,"anti domestic violence law" in the mandatory reporting system design is relatively simple,the lack of specific,usually home child behavior has hidden tyranny and sustained,the report found difficult,thus limiting the timely intervention of administrative organs and judicial organs lack of revocation of custody after the relief.The diameter,and assume the legislation no more specific provisions and interpretation in responsibility;second is in the judicial practice,judicial intervention is not timely,not on the implementation of the law against domestic violence efforts,and in the minors for victims of domestic violence prosecution difficult,hard evidence of the problem still is a difficult problem in judicial practice;at last social relief,although China promulgated the law against domestic violence,but did not give enough financial support,but in recent years the media exposure of child abuse,not to give the comprehensive protection for the privacy of children,which will cause harm to children's physical and mental health and life in the future.Through the two classic cases of child abuse,we should discuss the mandatory reporting system.First,analyzes the elements of mandatory reporting system in our country,the law content and the way by which the main report,report and failed to report the responsibility,through the comparison of two classic cases,leads to the necessity of mandatory reporting,and through personal safety protection order and injunction system reflects the comparative study unique mandatory reporting system;secondly,summarizes the present legislative and judicial status of the status quo now,and what are the existing problems;finally,in order to improve our country's mandatory reporting system and anti domestic violence law,puts forward some suggestions.So I think now we should perfect the mandatory reporting system for the protection of children's rights legislation,responsibility issues more detailed and implemented,made of false behavior exemption stipulated explicitly,to strengthen the intervention of public power and state responsibility,in order to encourage the public to close contact with children and practitioners report child abuse behavior in judicial practice,strengthen the defense evidence and court evidence of violence Party's responsibility,national security funds,making social assistance more perfect.