Legal Governance Of Domestic Violence

Domestic violence has existed since ancient times.There have been cases of domestic violence at home and abroad,and the research on domestic violence in various countries has not stopped.Different social environments have different forms of domestic violence.With the increase of social and economic pressures in today's world,the forms of domestic violence are mostly manifested in spiritual level violence and cold violence.Men have a high status in the family and are the main subjects of domestic violence.Domestic violence not only has a negative impact on family members,but the increase in domestic violence cases is also not conducive to the stable development of society.Before the implementation of the “Anti-Domestic Violence Law” in China,the prohibition of domestic violence mainly focused on the regulation of laws and regulations such as the “Marriage Law” and “Criminal Law”.The imperfections in the above have caused the effect of domestic violence governance in practice to have an impact.This article combines the legislative and judicial issues that arise in the implementation of domestic violence-related laws,and analyzes the legal governance of domestic violence incidents by combining relevant data.This paper describes the background and significance of domestic violence research,and analyzes the current situation of domestic violence research from the perspective of domestic and foreign,so as to understand and grasp the actual situation of domestic violence research in China.From the perspective of China's actual governance situation,this paper focuses on the legislative and judicial aspects of domestic violence governance in China.Firstly,this paper defines the legal connotation of domestic violence,and analyzes the harm of domestic violence from the two aspects of family and society,and then analyzes the internal causes and social factors of domestic violence.Secondly,the general situation of domestic violence cases in China is discussed,and the positive content of the governance is affirmed by analyzing the legislative and judicial effects of the current legal governance in China.However,at the current level of legal governance in China,there are still defects in legislation,such as relatively narrow legal definition of domestic violence,scattered legislative forms,inconsistent identification standards of the subject of responsibility,and unclear legal liability regulation.At the same time,there is a dilemma of judicial intervention in domestic violence management.For example,the law adaptability is weak,the enforcement force of law enforcement subjects is not strong,the victims lack the awareness of rights proof is difficult,and in judicial practice,judges do not pay enough attention to the intensity of judicial mediation,tend to settle cases,resulting in a high proportion of judicial mediation in actual disputes.Finally,in view of the problems at the legislative and judicial levels,this paper proposes to improve the legal connection of domestic violence and clarify the responsibility of the subject of illegal responsibility.At the same time,strengthen and improve domestic violence law enforcement team,Improve the system of safeguarding rights before litigation,enhance the judicial remedy measures such as litigation adjustment mechanism,and further implement the effect of legal governance.