Legal Rights And Interests Of Women Victims Of Domestic Violence Study On Protection

Whether in ancient or modern times,whether in Western or Eastern countries,domestic violence has always been a prominent social phenomenon and social problem.Family violence not only violates the basic human rights of victims of domestic violence,but also violates the personal rights and interests of victims of domestic violence,such as the right to life and health,marriage and family rights and interests such as the right to freedom of marriage,property rights and other specific rights and interests.In order to resist domestic violence and protect the legitimate rights and interests of women victims of domestic violence,China has made relevant provisions on the protection of the rights and interests of women victims of domestic violence in the Constitution,Marriage Law,Criminal Law and Law on Protection of Women's Rights and Interests,but because they are scattered in various departmental laws,there is no complete system,leading to repeated provisions in some departmental laws.Since there are no provisions of departmental laws,China promulgated and implemented a special Anti-Domestic Violence Law on March 1,2016.The highlights of the protection of the legitimate rights and interests of women victims of domestic violence are the warning system of public security organs,the temporary asylum system for women victims of domestic violence,and the system of habeas corpus,which make up for the legal integration of women victims of domestic violence in China.There are still many problems in the implementation of the protection of legal rights and interests.For example,the definition of the main scope of women victims of domestic violence in legislation is vague,there are still some difficulties in the implementation of judicial personal safety protection orders,there are many non-standard acts in law enforcement by public security organs,and the social assistance mechanism in our country is still imperfect.Therefore,in view of the problems of domestic violence in practice,this paper makes in-depth discussion and research,draws lessons from foreign excellent experience,and gives suggestions from legislation,justice and social assistance,hoping to play a positive theoretical and practical significance for the protection of the legitimate rights and interests of women victims of domestic violence.The first part of this paper is an introduction.Firstly,the background and theoretical significance of the topic of domestic violence are elaborated.Secondly,the referenced domestic and foreign literature is summarized.Thirdly,the focus,difficulties and innovations of this paper are analyzed.Finally,the research methods of this paper are summarized.The second part of this article defines the main scope of women victims of domestic violence.Firstly,it introduces the definition of the main scope of women victims of domestic violence in the legislation of foreign countries.Then,it analyses the main scope of women victims of domestic violence in combination with China's Anti-Domestic Violence Law.Finally,it compares the provisions of foreign countries and combines the views of Chinese scholars,and draws the definition of the main scope of women victims of domestic violence in China.Secondly,according to the provisions of the Anti-Domestic Violence Law and the Law on the Protection of Women's Rights and Interests,the specific rights and interests of women victims of domestic violence are analyzed.Thirdly,it mainly introduces the types of violence among women victims of domestic violence,including physical violence,mental violence and sexual violence.Fourthly,it expounds the value of the legal rights and interests protection mechanism for women victims of domestic violence.The third part firstly summarizes the existing legislation and judicial assistance for the protection of the rights and interests of women victims of domestic violence in China.Secondly,taking X region as the research point,through the investigation and practice of X region,this paper summarizes the shortcomings in the protection of the rights and interests of women victims of domestic violence in China,mainly from the legislative,judicial,public security law enforcement and social assistance four aspects are analyzed.The fourth part is the introduction and study of the legal rights and interests protection mechanism for women victims of domestic violence abroad.Firstly,it introduces the protection mechanism of the legal rights and interests of women victims of domestic violence in Britain.It mainly summarizes the system of habeas corpus in Britain and the system of police's "register of domestic violence".Secondly,it summarizes the highlights of the protection of the rights and interests of women victims of domestic violence in the United States from both civil and criminal aspects.Finally,it introduces the protection of women victims of domestic violence in Hong Kong and Taiwan.The construction of interest protection mechanism mainly introduces Taiwan's crime of violating protection orders.The fifth part is the measures to protect the rights and interests of women victims of domestic violence in China.It mainly gives suggestions from four aspects: legislation,justice,public security law enforcement and social...