Research On The Relief Mechanism Of Anti Domestic Violence In China

Domestic violence is a problem that has never been properly addressed.In recent years,there have been a number of horrific incidents of domestic violence in our country,not only seriously violated the personal rights and interests of the family members of the common life,but also destroyed the social stability and harmony.The damage caused by the growing domestic violence is obvious to all.In order to reduce the damage caused by the increasingly serious domestic violence to the family and society,establish and protect the equality and harmonious family relations,maintain social order and stability.The anti-domestic violence law of the People's Republic of China(hereinafter referred to as the "anti-domestic violence law")was amended on December 27,2015 and officially implemented on March 1,2016,have risen the intensity,height and attitude of anti-domestic violence to a new level,For the first time,the law systematically regulates the "housework" of old ideas.About the anti-domestic violence,the law provides for a number of powerful new initiatives.Although there is a national law behind the violence against domestic violence,it is convenient to fight brutal perpetrators and help vulnerable victims,but it also has a certain impact on the concept of traditional social inclusion violence.At present,the present situation of judicial practice can be seen,Our country is newly introduced and only more than a year of domestic violence relief measures,compared with the previous use bits of laws and regulations to solve the problem of a complex set of domestic violence,a more scientific and reasonable breakthrough and innovation.However,the antidomestic violence law is not perfect in dealing with all kinds of complicated situations in the real society.In China,the anti-domestic violence law still has some old and difficult problems,such as short and rough,difficult to obtain evidence,weak punishment,weak justice,lack of feasibility and operational.It is urgent for law researchers to draw on and absorb advanced theories and practices from abroad,based on the domestic abuse the judicial present situation,our country put forward against domestic violence relief mechanism in our country judicial practice using the constructive opinion.Domestic violence,is about human rights and relate to the law,therefore,further study of anti-family violence relief mechanism in our country in theory and practice is of great significance to the family and society.This paper is mainly composed of six important parts.The first part is the overview related basic theory of family violence,Briefly explain the legal connotation,main characteristics and behavior types of domestic violence,and explore the causes of domestic violence and the serious harm caused by domestic violence.This part constitutes the starting point of the theory.The second part briefly introduces the efforts made by our country in the prevention and control of domestic violence for many years,and the new situation and new changes of anti-domestic violence in our country at this stage.The third part is the study of foreign relief mechanism against family violence,mainly fetching in domestic abuse relief against the relatively mature countries,such as the United States,Britain,Norway,etc.,different regional culture and remedy mechanism is also different,through the comparative analysis of national characteristics,domestic abuse remedy mechanism in order to perfect China's inspirations.The fourth part introduces the main development highlights of the relief mechanism in China's anti-domestic violence law,Whether relief scope expanding,forced report and cancel the guardianship system,or pioneering public security warning system in China and around the world is the rise of domestic violence shelter system and personal safety protection system,and so on are all about protecting human rights in the against domestic violence in China,and promote the performance of the social civilization,it is also a milestone on the road of socialist rule of law.The fifth part discusses the main problems of the anti-domestic violence relief mechanism in China from the aspect of judicial practice.The analysis of the current our country current anti-family violence remedy mechanism is of great importance to deepen the defects such as the contents of the legislative and judicial applicability is not strong weak and for law enforcement agencies involved in domestic violence cases insufficient,lack of social assistance to implement and so on.The sixth part is the core content of this article,In view of some deficiencies in the application of the national emergency relief mechanism in practice,from the legislation,perfect the judicial,strengthen law enforcement,and optimize the social assistance from four aspects,put forward to improve the domestic violence law intervention mechanism of opinion and the suggestion,try to build some practical operational rules.Including perfecting legislative issues such as diameter,compensation system,procedure,reasonably adjust the evidence rules,setting up special judicial agencies and law enforcement agencies,strengthen the supervision mechanism,domestic abuse supervision platform to build and establish a domestic violence visit platform,social support system and so on.The final conclusion is the summary of the full text.