The Path Of Law Effectively Intervene To Family Life

The existence of the family as an indispensable part of any society is a group in which individuals live together.Safeguarding the function of family functions has important meaning for individuals and society.Family maintenance based on family ethics should be a state of harmony and stability.However,for a variety of reasons,violence among individuals in family life is widespread.For the individual and the family in which the individual lives,domestic violence is nothing but harm.In social practice,in the past long-term domestic violence was considered “family affairs” and external forces should not intervene and pursue “laws that do not enter the house”.With the progress of the times,people began to realize that domestic violence harmed individual rights and interests.They believed that domestic violence is not a “family matter” but a social issue and a legal issue.Chinese laws also regulate family violence.Originally,if there is legal basis,laws regulating domestic violence can effectively protect individual rights and family stability.However,when the family performs its functions,it may also cause some degree of harm to individual rights and interests.The legal nature of this type of behavior will be plagued by problems.If such cases deny the involvement of the law,the individual's rights and interests cannot be guaranteed;if the “family affairs” feature is denied,the exertion of family functions may be affected by the intervention of the law,thereby harming the rights of family members.Based on this,the article starts with the widely-discussed "Nanjing Child Abuse Case".Based on domestic violence,it should be punished by law.The function of family should also be guaranteed,and the relationship between law and family ethics in family life should be analyzed.We must clarify the basis for legal intervention in family life,point out possible problems,and explore ways for the law to effectively intervene in family life.In addition to the introduction and conclusion,this article is divided into four parts for analysis.In the first part,through the review of the case of “Nanjing Child Abuse Case”,the author pointed out that there is a problem with legal intervention in family life.On the one hand,when the judging power of the law is reinforced by public opinion,the law and the family ethic produce fierce clashes,and they fall into the opposite state of confrontation.On the surface,it is the influence of public opinion.It is essentially the law that involves family life an not balance both reason and law.On the other hand,the case has severely punished Li for protecting Shi Mou's problem,that is,heavy punishment for Li may be able to punish domestic violence,but the family relationship between Li and Shi.It also caused injuries,which had an impact on the function of family education and parenting.As a result,the protection of Shi was unknown.In the second part,we firstly analyze the causes and consequences of domestic violence that are commonly found in family life,and point out that domestic violence causes direct damage to individuals.In addition,it also causes harm to family organizations and further aggravates harm to individuals.Secondly,it analyzes the relationship between family ethics and family violence,and points out that the family ethics system of modern society has changed,family ethics has weakened the regulation of family violence,but the tolerance of domestic violence is still playing a role.Finally,it analyzes the law and domestic violence,and points out that the law starts from the individual and adjusts the family relationship.It can regulate the family violence,protect the individual's rights and interests,and at the same time provide guarantees for the harmony and stability of family organizations,and then point out that family life needs legal intervention..The third part analyzes the particularity of the legal intervention in family life and its existing problems.On the one hand,when the law is involved in family life,it must face the fact that law and family ethics are the actual basis of the environment.In family life,law and family ethics are the rational basis for family behavior.Family ethics as a cultural system and the law as a political system are both environments.Whether the two can work well in the same domain and achieve overall system stability,depending on the realization of delimitation and communication.On the other hand,there may be problems in the legal intervention in family life.Firstly,the suppression of family ethics by the law,which may increase the cost of social governance and lead to the damage of legal authority.Secondly,family ethics will guide practice to deviate from the legal text.In the fourth part,based on the mutual foundation and conditions of law and family ethics,and the relationship between the law's proper handling and family ethics,it constitutes the concept and path of the law's effective adjustment to family life.Specifically,firstly,legal intervention needs to make room for family ethics to play a role;secondly,the purpose of legal intervention should be consistent with family ethics,and the purpose of maintaining family stability should be a common goal;thirdly,the way of intervention is to adjust the family to legal adjustment;finally,In terms of intervention techniques,the law should make special adjustments to family relations.