On "Family Members" In Anti-Domestic Violence Law

Compared with overseas,In China,the law of prevention and treatment of domestic violence lags behind in public concern and legislation.In 2015,China officially promulgated the anti-domestic violence law of the People’s Republic of China,hereinafter referred to as the anti-domestic violence law.For the first time,the law expanded the scope of protection for cohabitation outside the family.In order to study the specific scope of "family members" in the anti-domestic violence law,we must first clarify the meaning of family members and determine their identity.Distinguish close relatives,cohabitation relationship,intimate relationship,etc.Then analyze "family members".In the anti-domestic violence law,"the law clearly stipulates that,in addition to family members,people living together are family members." However,the anti-definition of family members in the law has not eliminated the traditional family morality based on blood relationship and marriage relationship."The subject boundary of the anti-domestic violence law is not clear,the standard of defining anti-domestic violence is inconsistent,and it is difficult to distinguish domestic violence from anti-domestic disputes.It is still difficult to solve the problem satisfactorily in judicial practice.In today’s world,especially in some western countries and regions and in China’s,Hong Kong,Macao,Taiwan,single parent families,unmarried cohabitation,homosexuality Cohabitation and other forms of family are becoming more and more common,which also makes them the subject of laws to prevent domestic violence.The definition of scope is further expanding.When they decide the composition of family members,they violate the traditional concepts of marriage and kinship.For family members,they no longer think that cohabitation is a necessary condition,but use the economic factors between members to determine the family.In this article,we believe that we should also consider new forms of family and clarify the definition and scope of family members,Compared with overseas laws and national(regional) conditions,the scope of cohabitation families should be expanded accordingly.The act also provides for violence against women,including rape,sexual harassment and sexual harassment.relationship Parental and other intimate relationships have been incorporated into domestic violence prevention legislation to further protect human rights and social security stable.