Research On The Power Regulation Of Police Intervention In Domestic Violence

Family is the most basic social organization element.The country will be at the peace when family is at peace.Harmonious family is essential.Domestic violence does damage to the legal interest of family members and social stability,it is no longer something in the private field and the public power must intervene.As the crucial power,the police make some achievement in the work of anti-domestic violence and in some extent restrain the domestic violence.However it is still facing many problems in practice.With the view of one year after the enforcement of “Anti-domestic Violence Law” this article analyzes the status quo and predicament of policemen in practice of anti-domestic violence.It puts the method of effective intervention as the subject,tries to improve and perfect the principles,scope and methods of intervening domestic violence and provides real guidelines to grass-roots policemen.The whole article is composed by four parts as following:Charter one is on the summary of police power and domestic violence.This chapter defines the police power and domestic violence,analyses the characters of them and refers to the classification of domestic violence in Taiwan and foreign countries.Chapter two is the necessity and limits of police power to intervene in domestic violence.The cases of domestic violence fall within the ambit of private law and it is inappropriate for public power to get involved too deeply.However autonomy of private rights have limitation and it is legitimate and necessary for policemen to intervene domestic violence.Policemen should stay within some limits when they are intervening domestic violence for protecting private rights.Understanding the necessity and limitation of intervention by policemen is the premise of the development of policemen's enthusiasm and effective prevention and restrain of domestic violence.Chapter three is on the analysis of the status quo of police power intervention in domestic violence.With the method of empirical study this chapter analyses the status quo and problems of the intervention into domestic violence by police power and dissect the causes of existing problems through taking of police situation before and after the enforcement of “Anti-domestic Violence Law”.This chapter also elaborates the positive meaning and some deficiencies of “Anti-domestic Violence Law”.Chapter four is on the suggestion of the intervention by police power.Aiming at the predicament of the intervention this chapter presents a series of practical and scientific solutions,clarifies the principles of intervention,defines the scope of intervention and improves the method and institute of intervention.So this chapter is very valuable for intervention into domestic violence by police power.