The Legislative Conception Of Anti-domestic Violence In Our Country

Family violence(hereinafter referred to as "domestic violence")in the world are common and long-standing,it is not only a family problem and social problem,human rights issue as well as legal issues.At present,the use of legal means to prevent and punish the crime of domestic violence has become the consensus of the international community,more and more countries will be anti family violence(hereinafter referred to as the "anti domestic violence legislation")into the legal system.As of now,the United States,Britain,Australia and other more than and 100 countries and regions,corresponding to develop a relatively perfect laws against domestic violence and policy.In addition,in recent years,modify existing civil and criminal law formulate special law corresponding parallel,strategic thinking is effective in prevention of domestic violence law reform in the international society.In China,citizens affected by traditional culture,"the husband","patriarchal" thought has been ingrained,of the family held a "law into the home","honest hard chores such as conservative ideas,therefore,of domestic violence will naturally take the attitude of tolerance.After entering in twenty-first Century,China has revised the law,such as"criminal law","marriage law","minor protection law" and so on.In 2016 March 1st,"People's Republic of China anti domestic violence law"(hereinafter referred to as the"anti domestic violence law")formally implemented nationwide,which is China's first special law on domestic violence.The law of innovation many legislative ideas,the system measures against domestic violence,such as domestic violence,the law for the first time defined the definition,scope of implementation and the relevant legal responsibility,and further strengthen the legal protection of special groups,broaden the channels for relief(can seek relief to the public security organs,people's organizations at the grass-roots level the court,some feasible design)relief measures(such as revocation of custody qualification,personal safety protection order,public security warning,mandatory reporting system).It can be said that the "anti domestic violence law" come out,covering the domestic violence crime prevention,relief and punishment of the whole process,so that "official difficult chores" argument has become history.Based on the study and understand the relevant achievements in the field of domestic violence,the "anti domestic violence law" in the "relief mechanism" as the research perspective,on how to further improve the "anti family violence law" in China and the related research.This thesis can be divided into several parts as follows:firstly,in the introduction part,through case analysis has occurred serious demonstration of China's domestic violence,and on China's anti domestic violence legislation process are briefly introduced.The second part is the summary of the theory of family violence,introduces the concept and characteristics of domestic violence,the purpose of legislation against domestic violence,as well as China's "anti domestic violence law" in different legislative situation before and after.The third part analyzes the highlights of the relief system of anti domestic violence law,and the problems in the implementation of the law.In the fourth part,the author mainly analyzes the relevant legal model and the way of relief against foreign domestic violence,to further improve our country's anti domestic violence law.The fifth part puts forward some my opinion on the relief mechanism in the future how to improve our current "anti domestic violence law",including the creation of family violence damages compensation system,increase the corresponding charges of domestic violence crime and sentencing and to improve the design,the public security organ for handling domestic violence supervision,improve personal safety protection order system the introduction of domestic violence cases of public prosecution system,the establishment of a multi-faceted proof forensic authentication system,refine the multi sectoral linkage of anti domestic violence responsibilities and improve women's participation in the proportion of eight specific measures.