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The Legal Predicament And System Improvement Of Domestic Violence Relief For Children In My Country

Posted on:2020-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X JinFull Text:PDF
GTID:2436330590985502Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,child abuse in China is becoming more and more serious,which seriously affects family stability and social harmony.Domestic violence against children has also become an important issue facing all countries in the world.The United Nations has designated November 25 as the "international day for the elimination of domestic violence" every year.The anti-domestic violence law of the People's Republic of China(hereinafter referred to as the anti-domestic violence law)was officially implemented on March 1,2016.Based on the anti-domestic violence law and other relevant laws and regulations as well as the plight of domestic violence relief for children in judicial practice,this paper discusses the improvement of the legal system for domestic violence relief for children.This paper mainly consists of four parts.The first part is an overview of domestic violence against children.Firstly,the concept of domestic violence against children is clarified,and its characteristics,harm,current situation of domestic violence against children in China and the social causes are summarized.The social reasons are mainly analyzed from three perspectives: traditional concepts,young parents' lack of patience in teaching children and the imperfect supervision system of child domestic violence,laying a foundation for the following reflection on the plight of domestic violence against children in China.The second part is the reflection on the current situation of domestic violence against children.This part sums up the comprehensive analysis,the author emphatically related cases in China,expert works and papers,related judicial practice concluded that the six aspects of problems: not clearly define the concept of "children's domestic violence",imperfect legislation system,the children of domestic violence prevention and treatment mechanism lack of operability,inadequate penalties for domestic violence legislation,judicial identification difficulty of later forensics difficulties and not enough propaganda dissemination of society.The third part is the experience of foreign regulations on the prevention and treatment of domestic violence against children that China can draw lessons from,respectively introducing the regulations and practices of the United States and Japan,and analyzing and summarizing the feasibility reference of these two countries to China's domestic violence against children system.The fourth part is about the prevention and punishment of domestic violence against children in China.From the perspective of law,it is necessary to clarify this concept,expand its manifestation,strengthen the operability of the legal mechanism against domestic violence,and increase the punishment for violence.We will improve the personal protection order,strengthen the publicity of the anti-domestic violence law,and establish a correct concept of family from the social level.At the same time,we must establish and improve child domestic violence organizations.The author tries to analyze the problems existing in domestic legislation on the prevention and control of domesticviolence against children,and then puts forward feasible Suggestions based on overseas experience,hoping to help the legal system of the prevention and control of domestic violence against children in China.
Keywords/Search Tags:Domestic violence, child domestic violence, Legal quagmire
PDF Full Text Request
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