On The Realistic Dilemma Of The Anti Domestic Violence Law And The Improving Countermeasures

Because of the long-term feudal society,the concept of "it's hard for a clean official to judge family dispute" is deeply rooted in China.Therefore,domestic violence is seriously widespread in China for the lack of effective prohibition by law.Driven by the international environment,the state promulgated the Anti Domestic Violence Law in March 2016,aiming to prevent and stop the occurrence of domestic violence,so as to promote family harmony and social stability.Since its implementation for more than four years,there have been some achievements in the issuance of personal protection order,the establishment of shelters and other aspects throughout the country.Many provinces have formulated corresponding implementation regulations.However,due to the lack of attention paid by law enforcement and judicial organs to the law,the lack of national implementation regulations and the weakness of corresponding social assistance institutions,the implementation of the law faces many difficulties,such as low reporting rate,small number of personal protection orders and low utilization rate of shelters.The domestic violence is still rampant.More efforts should be paid to improve the implement.The key to improve the situation in the future is to increase publicity and strengthen the judicial intervention and professionalism,based on realizing the harm of domestic violence to the society at a higher level and removing the decadent concept of "it's hard for a clean official to judge family dispute".Other measures should be taken to improve the judicial environment,such as formulating national implementation rules and relevant rules,improvingthe mandatory reporting,improving the social assistance system,establishing a Multi-agency linkage and cooperation system and improving the management of asylum.These can also save the limited resource,improving the efficiency.