Research On The Phenomenon Of Evasion Of Law About Domestic Violence In Rural Area In China

Domestic violence,a hot topic around the world,has received much attention in recent years.Actually,of the victims of violence occurring between couples,a high proportion is women.Most countries have now taken active actions to protect the women from the hurt of domestic violence.To ensure the rights of women who suffer from the family violence,China has been implementing the Anti-Family Violence Law since March 1,2016,introducing laws to do with the housework.However,the evasion of such laws is relatively prominent in rural areas,especially for the women suffering from the domestic violence in this area.To this issue,this paper discusses the effects and limits of introducing laws into complicated housework in rural areas,and how to alleviate this issue.Firstly,this paper analyze the current situation,characteristics,and harmfulness of women's domestic violence in rural areas,aiming to show the main performances of legal evasion when these women face the domestic violence.Then,the reasons for legal evasion are analyzed from three aspects: traditional culture,the principle of maximization of interest.Subsequently,the limits of solving domestic violence through legal means are demonstrated in details with case analysis.Finally,based on the phenomenon of legal evasion of rural women,it can be concluded that the space of private autonomy is too narrow under the excessive legal intervention,which results in the centralization of state power and judicial monopoly.Therefore,it should be careful when dealing with the complex housework by means of legal ways,e.g.,for domestic violence,and diversified dispute resolution mechanism and legal pluralism should be promoted with the enough recognition of civil law.