On The Legal Regulation Against Domestic Violence

With the development of society,family conflicts become increasingly prominent,domestic violence is also increasingly frequent.The problem of domestic violence is a serious social problem prevalent in the world.It not only brings great harm to the family,but also brings serious negative effects to the society.Therefore,more and more countries on the issue of legislation and system construction,and accumulated considerable experience.In order to combat domestic violence,the reconstruction of equal family status and harmonious family relations,the legal regulation of domestic violence has become the usual practice of the world.The legal regulation of domestic violence involves a wide range of aspects,including civil,criminal and other aspects,and civil law regulation is one of the main content.China has also carried out the relevant civil legislation,judicial work to deal with domestic violence,but the current does not form a sound system of domestic violence civil law system:on the one hand,the prevention and control of domestic violence,civil laws and regulations scattered in different laws and regulations,not formed On the other hand,the judicial relief of victims of domestic violence is not smooth,the relief measures are extremely limited,can not be on the domestic violence,but also on the domestic violence,The legitimate rights and interests of the victims to effectively protect,it is difficult to play to resolve family conflicts,to maintain the role of family stability.This paper analyzes the basic problems of the definition of domestic violence,and then puts forward some suggestions on the improvement of civil legislation of domestic violence in China,combining with the current situation of legislation and the practice of foreign legislation.The whole thesis is divided into four parts:The first part discusses the definition of domestic violence,and analyzes the basic problems involved in the definition of domestic violence,such as subject,object and object.The second part explains the necessity of perfecting the civil legislation of anti-domestic violence in our country,mainly based on the current situation of domestic violence and the characteristics of domestic violence itself,and then sort out the current situation of anti-domestic violence civil legislation problem.The third part of the practice of foreign anti-domestic violence civil legislation and related supporting measures,followed by the characteristics of foreign legislation made a summary of the civil legislation available for our reference.The fourth part is the focus and foothold of this article,which is based on the analysis of the above three parts of the proposal for the improvement of civil legislation in China.