An Analysis Of The Confirmation Of The Subject Of Responsibility For The Prevention And Treatment Of Domestic Violence Under The Intervention Of Public Power

Domestic violence is a social phenomenon in the long history,both the United Nations has a series of conventions for the women domestic violence from the 1970 s and the legal practice which against domestic violence from all the world,were established the primary role of state power to interfere with domestic violence.In this paper,the author analyzes the present situation of domestic violence by the Chinese referee document and the public security organ to points out that it is not enough.Public authority is optimization of suggestion that the people court and the public security organ intervene the current situation of domestic violence,which point out the insufficient,also analysis the main responsibility of domestic violence with the public power.By comparing the current situation and characteristics of the responsibility of the main body of domestic violence in the typical countries and regions outside the region,this paper points out the enlightenment of the interference of the public power in the subject responsibility of the domestic violence in the typical extraterritorial countries and puts forward some suggestions for improvement.There are fix chapters in the main part of this paper.The first part elaborates the background,significance and research methods of the topic selection.The second chapter presents 58 habeas corpus adjudicative documents issued since 2016 and typical cases of public security organsundefined intervention in domestic violence in Chongqing through case analysis.This paper analyzes the current situation of the public power organs against domestic violence,namely,the peopleundefineds court and the public security organ,which are involved in the case.The third chapter interprets the theory of legal responsibility and the theory of fair obligation of intervention in domestic violence,and puts forward that the principle of fairness is embodied in the effective exertion of the responsibility of the subject of public power.At the same time,we should pay attention to the boundary of the responsibility of the subject of interference in domestic violence.In the fourth chapter,the author points out the current situation of the main responsibility of prevention and control for the domestic violence in our country,and analyzes the limitations of the legal system and the weak awareness of the responsibility of the judicial organs in five kinds of reasons,through the analysis of the relevant situations in the case.In the fifth chapter,through the comparative analysis of the domestic violence prevention and control responsibility of the typical country outside the country,the author put forward the practice of the extraterritorial typical country to the domestic violence cases in our country.The fixth chapter puts forward the judicial suggestions to confirm and perfect the main body of the responsibility for the prevention and control of domestic violence,perfect the transformation of administrative and judicial functions of the public security organs,and protect the peopleundefineds court under the passive judicature.The leap of procuratorial organsundefined private prosecution cases and the supplement of other organs of public power.