The Boundary Of Criminal Law In Domestic Violence Governance

Domestic violence has always been the focus of social concern.Our country actively legislates against this social hot spot in order to better regulate the occurrence of domestic violence.China's Anti-Domestic Violence Law,which was formally implemented on March 1,2016,is a law specifically designed for domestic violence.However,the research on domestic violence crime can not regulate the current domestic violence very well,so this article hopes to analyze the domestic violence crime through defining the related concepts of domestic violence,thinking about the conviction of domestic violence,and proposals in the criminal law to deal with domestic violence.This paper is divided into five parts: The first part is the introduction,which explains the research results of the predecessors,the writing background and the significance of the topic.The second part defines the related concepts of domestic violence.This paper introduces the concept of domestic violence and its scope and types.For the scope of domestic violence to expand the explanation,cohabitation relationship as and "family members" as a parallel category,so that it will be included in the scope of domestic violence governance.At the same time,the types of domestic violence are defined as physical violence,mental violence,sexual violence and economic control violence.The third part is the focus of the article,which considers the conviction of domestic violence.It mainly discusses the preconditions of the crime of domestic violence.It is only the violence that meets the serious social harmfulness that is the crime of domestic violence within the scope of the criminal law.At the same time,the size of the crime circle of domestic violence crime and the treatment of domestic violence crime are the choice of criminal policy.Domestic violence,as a special kind of violence,must have a correct interpretation of "violence".Secondly,the four forms of domestic violence are defined separately in the criminal law.The fourth part is the suggestion of using criminal law to deal with the crime of domestic violence.In practice,we must adhere to the limits of civil and criminal law in dealing with the crime of domestic violence,and not break through at will.In order to better punish the crime of domestic violence,we should distinguish the crime of intentional injury from the crime of ill-treatment,instead of blindly convicting the crime of domestic violence as the crime of ill-treatment,instead of realizing the adaptation of crime,responsibility and punishment.For the judicial treatment of domestic violence crimes,it is proposed to improve the litigation mode and the system of proof,and apply restorative judicial procedures.The fifth part is the conclusion,which analyses the content of the study,the innovation and the shortcomings of the article.At the same time,it points out that we still have a long way to go and a long way to go to deal with domestic violence.For serious cases of domestic violence,we must use the most stringent means of criminal law to punish,and the boundaries of domestic violence sentencing need further research and improvement.