The Legislative Improvement Of Social Forces' Intervention In The Prevention And Control Of The Revision Of China's Anti-domestic Violence Law

As the first special legislation on prevention and control of domestic violence in mainland China,the anti-domestic violence law not only stipulates the intervention measures of public authorities on domestic violence,but also includes the basis for the intervention of social forces on domestic violence,which is of great significance to the prevention and control of domestic violence in China and the promotion of the process of rule of law.However,the anti-domestic violence law is facing a major defect,that is,the prevention and disposal mechanism for social forces to intervene in domestic violence lacks operability,and relevant provisions are too principled and need to be further refined.Of medical institutions and grassroots community organizations,women's federations and the power of the social work service organizations and other social forces and the obligations and responsibilities,only general principles and rules,does not give clear power and obligation,social organization in law with the "advice" "mediation" "shall give cooperation" and other words,more embodies the mutual cooperation and coordination between the various social organizations,lead to various social organizations of fuzzy power,obligation and responsibility,no complete responsibility system,it is difficult to play the role of practical,thus make the social forces involved in domestic violence prevention effect is affected.At the same time,due to the lack of flexible and smooth communication channels in the prevention and control of domestic violence among various social organizations in practice,the assistance strength of each social organization is very limited,usually acting independently,resulting in less than ideal assistance intensity and effectiveness.Based on two typical cases in China's practice and existing research results and mature views,this paper studies the legislative perfection of social force intervention in China's anti-domestic violence law,and analyzes the legal dilemma faced by social force intervention in domestic violence prevention under the background of anti-domestic violence law.In local conditions at the same time,draw lessons from advanced experience of developed countries or regions outside the rule of law,and put forward the improvement of the corresponding Suggestions,such as giving social institutions power appropriately,each social obligations and responsibilities clear,standardize the procedures of social forces involved in anti-family violence and strengthen the functions of the social power and public power authority cohesion,etc.To strengthen the operability of the legal mechanism for the intervention of social forces in the prevention and control of domestic violence,establish and improve the diversified intervention mechanism of social forces and the prevention and control system of domestic violence,and provide reference for the improvement of China's anti-domestic violence legislation.