Research On The Subject Scope Of Domestic Violence

The promulgation of the "Law of the People's Republic of China Against Domestic Violence" in 2016 has become China's first special legislation on domestic violence,which has far-reaching significance in solving family disputes and alleviating social conflicts.The Anti-Domestic Violence Act,which expands the applicable subjects from family members to those who live outside family members,is of great significance in protecting the rights and interests of victims of domestic violence.However,the definition of the subject of domestic violence is still vague and people feel unsatisfactory.With the development of society and the liberation of ideas,family forms have become increasingly diverse.Marriage and subculture phenomena have also brought a huge impact on traditional families.The concept of traditional family cannot cover non-marital cohabitation,homosexual cohabitation,cohabitation with former spouse,etc.Many personnel relations also set new demands on the scope of the subject of domestic violence.However,the range of domestic violence in China has always been out of touch with the real world.As a result,victims have not been protected and relieved,and family and social problems have been bred.Before perfecting the scope of the main body of domestic violence,we must fully understand the various factors that are hidden behind our current legal system.This article compares domestic and foreign laws on the scope of the main body of domestic violence,and explores the possibility and necessity of extending the range of domestic violence by exploring the changes in the ethical concepts of Chinese marriage and family and the social construction of gender.Provide a standard and incorporate some cohabitation,former spouse relationships,and custodial and support relationships outside of close relatives into the main body of domestic violence.Clearly identifying and improving the applicable subjects is extremely important to the “Anti-domestic Violence Act.” Only by blurring the original obscure provisions and expanding accordingly,can we be able to better resolve domestic violence and promote family and social harmony.