Research On Victim Relief Mechanism In Anti-domestic Violence Law Of China

Family violence is a problem that deserves attention from ancient times to present,at different times,at different stages,at the same time in different races and countries.From different perspectives,domestic violence is not only a family problem,but also a social problem;from the perspective of human rights and law,it is also a human rights issue,but also a legal issue.Influenced by traditional ideas,our country has always held an inclusive attitude towards domestic violence,believing that family ugliness should not be publicized,and law should not be imported into the family.With the promulgation of the Anti-Domestic Violence Law of the People's Republic of China,the issue of domestic violence has been regulated for the first time in this law.This law clearly points out what is called domestic violence,its definition and legal liability.It is noteworthy that this Law includes cohabitation subjects and mental abuse outside marriage into the Anti-Domestic Violence Law,and strengthens the protection of persons without civil capacity and persons with limited civil capacity.There are three relief ways for the victims,that is,victims of domestic violence can not only seek help from grass-roots organizations,but also sue people's courts or report cases to public security organs.In addition,there are mandatory reporting systems,which expand the scope of public security warning system,such as alarm for help,asylum application,legal aid and habeas corpus application.In this way,the prevention of domestic violence from the beginning to relief and punishment has been fully covered,but also to prevent the escalation of violence.From then on,it is not difficult for clean officials to continue housework,but based on national laws.These provisions make it clear that domestic violence is not only the responsibility of a family,but also the common responsibility of our whole country,society and every small family.According to my research order,this paper has four parts altogether: The first part is an overview of domestic violence,from abroad to home,as well as its characteristics,types and harmfulness,to discuss the current situation of domestic violence in China.The second part introduces the relief mechanism of the victims inthe Anti-Domestic Violence Law of our country.At the same time,it analyses the limitations of the relief mechanism of the victims in the Anti-Domestic Violence Law of our country from the narrow definition,too general definition,lack of practicability and lack of effective working mechanism of the administrative law enforcement team.The third part introduces the relief mechanism for victims of domestic violence in major foreign countries and Taiwan region of China,from which we can get some enlightenment.The fourth part puts forward some suggestions on the victim relief mechanism in the Anti-Domestic Violence Law of our country.