Research On The Perfection Of "Anti-domestic Violence Law" In China

With the rapid development of modern society,the issue of domestic violence has become more prominent.The definition of domestic violence should not be so simple as the internal contradictions in the family.Domestic violence has become a serious social problem in China.China?s first anti-domestic violence legislation,the “PRC Anti-domestic Violence Law,” was formally implemented on March 1,2016.The implementation of this law will play a role in protecting the rights of citizens,safeguarding the family and even promoting social stability.The important role,especially the innovative personal protection order system,has also caused many problems in its implementation.For example,the scope of domestic violence adjustment is small,the qualifications of the prosecutor need to be expanded,and the personal protection order system is implemented.Failure to achieve the desired results,there are still deficiencies in legal liability regulations,etc.These problems in the implementation process need to be improved.The purpose of this article is to combine the implementation of the "Anti-domestic Violence Law" in China and analyze the relevant inadequacies of the law.In combination with the experience of anti-domestic violence legislation in extraterritorial countries,relevant recommendations for improvement are proposed to improve the legislative framework of the Anti-domestic Violence Act.,Strengthen the anti-domestic violence law administrative law enforcement mechanism and strengthen the anti-domestic violence judicial relief mechanism,so as to promote the systematic anti-domestic violence law.This article is divided into the following five parts:The first part of the content is the definition and type analysis of domestic violence.First,the concept of domestic violence is analyzed in accordance with the "Anti-domestic Violence Law" and related international treaty regulations;secondly,it focuses on the target of violation,specific behavior,and time violation.The degree of infringement and the collection of evidence and other related contents analyze its characteristics;at the end,it analyzes the specific types of physical violence,spiritual violence,sexual violence,and economic violence.The second part mainly analyzes the harm of domestic violence and its causes.Firstly,it analyzes the harm of domestic violence,including the harm to the perpetrators,the minor children,the elderly and the society.Secondly,it analyzes the causes of domestic violence.Including feudal traditional influences,economic differences,weak legal systems,and lack of legal systems.The third part mainly analyzes the main institutional framework of the “Anti-domestic Violence Law” and analyzes its lack.First of all,it analyzes the institutional framework of the “Anti-domestic Violence Act” in China;secondly,the inadequacies of the law are provided.Including the composition of domestic violence,personal security protection order system and legal liability system and other existing problems to analyze,in order to provide China with anti-domestic violence law to provide targeted guidelines.The fourth part is mainly based on the United Kingdom,the United States,and Japan as examples.It compares and analyzes the legal provisions of anti-domestic violence outside the domain,and on the basis of comparison with the relevant legislation in China,concludes the successful legislative experience of extraterritorial anti-domestic violence.This will serve as a reference for the improvement of China's anti-domestic violence legal system.The fifth part is mainly based on the above analysis,focusing on improving the legislative framework of the "Anti-domestic Violence Law",strengthening the administrative law enforcement mechanism of the anti-domestic violence law,and strengthening the judicial remedy mechanism for anti-domestic violence.Specific measures to systematically promote the improvement of the Anti-Domestic Violence Act.