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Legal Response To Family Mental Violence

Posted on:2019-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:R XinFull Text:PDF
GTID:2356330542491779Subject:legal
Abstract/Summary:PDF Full Text Request
With the progress of society,more and more social and legal attention has been paid to domestic violence in the main form of physical injury in recent years.From the social reaction to legislation,effective suppression of physical violence has been made in the family.However,domestic spirit violence does not receive as much attention and understanding as domestic physical violence.Most families know little about domestic spirit violence,and they do not even realize when they have suffered or are experiencing spirit violence.The domestic spirit violence has the characteristics of various forms,high concealment,difficult to identify and difficult to judge.National laws are difficult to make an accurate and effective judgment on domestic spirit violence.The current law in our country does not give a clear and systematic identification for domestic spirit violence,and it is difficult to be proved.This has made it difficult for the court to carry out relevant determination in judicial practice and lacks relevant legal basis,thus it is hardly to become a valid reason of litigation which can be supported by the court.This will neither be a valid basis for the decision of divorce nor be compensated accordingly.The status that can neither be determined nor punished causes the intensification of domestic spirit violence.It does not provide a good guiding role for marital affection and the family,however,provides an opportunity for the irresponsible ones.Although there is no physical wound in the domestic spirit violence,it will also cause indelible trauma,even more serious than the physical harm,furthermore it has a profound impact on other members of the family,especially underage children.So domestic spirit violence must be strongly regulated by the law through the improvement of legislative content,strengthening of law enforcement,and the establishment of a comprehensive social relief system to guide,punish and suppress the occurrence of domestic spirit violence.
Keywords/Search Tags:Domestic spirit violence, Domestic physical violence, Legislative status, Remedy mechanism
PDF Full Text Request
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