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Legal Analysis Of Public Security Agencies' Intervention In Domestic Violence

Posted on:2019-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:P P ZhengFull Text:PDF
GTID:2436330578474108Subject:Law
Abstract/Summary:PDF Full Text Request
Family is the most basic unit of human society.It is a warm haven of happiness for everyone.According to incomplete statistics,at least 30%of families in China have domestic violence,and at least one hundred thousand families are disbanded every year.Domestic violence,especially the problem of domestic violence against women compatriots,has become the focus of research at home and abroad,and its increasingly serious social harm makes people gradually realize that domestic violence is not only a private matter of family individuals.It's a social issue about public health and safety.In order to better prevent and control domestic violence,protect the rights and interests of every member of the family and safeguard equal,harmonious and civilized family relations,the Law of the people's Republic of China on Combating domestic violence came into force on March 1,2016.This shows the determination and strength of anti-domestic violence in our country.But since the implementation of the law,domestic violence around us is still common,which shows that domestic violence in our country is universal and difficult to eradicate.The public security organ as the state violence organ,its prevention and cure domestic violence main body function is particularly indispensable.There is sufficient legal support for public ecurity organs to intervene in domestic violence,and they have a higher priority than other social organizations.Pre-conditions,such as routine policing activities such as receiving police officers are involved.Therefore,how to make the intervention of public security organs more effective becomes a research subject that needs to be solved in front of us.This paper mainly discusses the legal analysis of the intervention of the public security organs in domestic violence,through the introduction of domestic violence cases in Lianyungang,clarifies the meaning and characteristics of domestic violence,and clarifies that domestic violence is not a private issue.Only rise to a social public problem,the prevention and control of domestic violence should be the common responsibility of the whole society.First of all,analyze the necessity that the public security organ interferes with domestic violence.It is not only an effective way to protect the legitimate rights and interests of battered women,but also an external guarantee to promote family harmony,and an inevitable choice to build a harmonious social environment.Secondly,according to the current laws and regulations,it is clear that the public security organ's intervention in domestic violence originated from the report of the victim and his legal representative,near relatives and other relevant subjects.After the start,the public security organ should carry out,in accordance with the law,including the prevention of the scene,Investigation and relief,the nature of domestic violence,and so on a series of work,and based on the nature of the identification of domestic violence into public security cases,criminal cases and other situations,in the light of the nature of the specific determination of the next legal treatment;In addition,according to different subjects,the supervision of public security organ intervention in domestic violence is divided into three types:party supervision,internal supervision and procuratorial supervision.The current law is interpreted and analyzed.Thirdly,this paper makes an investigation and analysis on the interference of public security organs in domestic violence in Lianyungang area,Jiangsu Province.Not only the police information and case data of the police platform are statistically analyzed,but also a questionnaire is designed and distributed to the police officers in Lianyungang area.A total of 200 questionnaire data are collected,and 18 questions of the questionnaire are statistically analyzed one by one.Based on this,the author concludes that the public security organs' intervention in domestic violence is a common problem in the whole country:first,the identification of domestic violence is not clear enough;second,the procedural provisions of intervention in domestic violence are too principled;third,the handling mechanism of domestic violence is not comprehensive enough;Fourth,interference with public security organs in domestic violence The supet' vision of the government is not perfect enough.Finally,combined with the national general problems reflected by the questionnaire survey,the author puts forward some suggestions:first,to further clarify the provisions of domestic violence and its seriousness;second,to further refine the provisions of the public security organs to intervene in domestic violence procedures;The third is to improve the working mechanism of dealing with domestic violence,and the fourth is to further improve the supervision of public security organs' intervention in domestic violence.It is hoped that through this investigation and research,some effective countermeasures can be provided for the public security organs to intervene in domestic violence,so as to achieve the purpose of preventing and controlling domestic violence and promoting the harmonious development of society.
Keywords/Search Tags:Public security organs, intervention, domestic violence, legal analysis
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