Research On The Legal System Issues Of Preventing And Controlling Domestic Violence Against Children In China

Domestic violence against children has already become a serious social problem,and attracted the attention of various countries including the international community.With the development of domestic news media,more and more brutal domestic violence against children has been exposed and come into public view,which causing an uproar from all walks of life.In the face of rising anti-domestic violence voices,our country has promulgated and improved a number of laws,regulations and judicial interpretation in recent years,which providing a legal basis for the work of anti-domestic violence against children.But in practice,there are still some difficulties and obstacles in the operation of China's anti-domestic violence system.If they are not faced up to and solved in time,they will affect the prevention and relief work against child abuse in our country.Thus,the rights and interests of children victims will not be properly protected.Based on this,firstly,this paper begins with the concept of domestic violence against children,points out the deficiency of the definition of concept in the past legislation of our country after taking national and international definitions into account,and suggested that the Anti-Domestic Violence Law can give a reasonable definition of domestic violence against children.After the basic concept,this paper describes the characteristics and causes of domestic violence against children,and further leads to the general situation of legal system of anti-domestic violence against children in our country.Secondly,analyze the current operation situation of the three most central and important systems for helping children victims of domestic violence in detail,namely mandatory reporting,writ of habeas corpus and guardianship revocation,and thus point out the imperfection of these three systems respectively.For example,provisions of mandatory reporting in terms of the scope of reporting obligors and report-receiving departments,ways of reporting and the legal responsibility of violating obligations of mandatory reporting have weak operability,and could reduce the likelihood of finding children victims of domestic violence;provisions of writ of habeas corpus in terms of species-setting,specific measures and legal responsibility haven't fully reflected the principle of children's special protection.Obstruction in adjudication has also seriously affected the issuing speed and implementation of protection orders;the strict application of guardianship revocation system lack clear applicable principles and careful examination of the system application before revocation.Lastly,according to related legislation in China's Taiwan region,the United States,Britain and other foreign countries,put forward to proposals to these three systems: Expand the scope of reporting obligors and report-receiving departments,diversify ways of reporting,and clarify legal responsibility of violating obligations of mandatory reporting in order to enhance the operability of this system;strengthen the special protection for children of the writ of habeas corpus through classification and measures improvement,implementation of legal responsibility and smooth proceeding of judicial proceedings;clarify the applicable principles of the guardianship revocation system by law,and from the multivariate perspectives of legislation improvement,establishment of government departments and participation of social professional forces,improve the construction of child advocacy centre and multi-disciplinary team in our country through strengthening collaboration between departments and integration of social forces,in order to make the mechanism of examining the necessity of system application more scientific and professional,and avoid secondary injury to children.The work of protecting and saving children victims from domestic violence won't be done overnight.As our country's first special legislation in the area of anti-domestic violence,Anti-Domestic Violence Law has provided more perspectives for us to examine the cases of domestic violence against children and construct the intervention mechanism.As for the practical dilemma in the operation of the anti-domestic violence system,only by rethinking these problems seriously and making continuous improvement on them,could we preserve the legitimate rights and interests of children victims of domestic violence to the maximum extent.