Research On Civil Rights Protection Of Victims Of Domestic Violence

As a hot issue of public concern,domestic violence not only infringes on the basic rights of human beings,but also undermines the harmony of family relations and the stability of social order.With the improvement of people's legal awareness,more and more victims of domestic violence hope to protect their legitimate rights and interests through the law.At the same time,the government has also realized that domestic violence is not only a problem within the family,but also a social problem,and it is urgent to protect the victims of domestic violence through the formulation and implementation of laws.From the perspective of the protection of civil rights and interests of victims of domestic violence,this paper aims to find out the problems existing in China's anti-domestic violence legislation and judicial practice,and put forward targeted suggestions based on foreign legislative experience and China's reality,so as to achieve the purpose of preventing and controlling domestic violence.It is composed of the following four parts:The first part is the overview of domestic violence,mainly elaborated the concept,characteristics and types of domestic violence.Firstly,the concept of "family" and "violence" is analyzed,and then the concept of "domestic violence" is further determined.Secondly,in order to distinguish between domestic violence and general violence,the characteristics of domestic violence are determined through comparison and summary.Finally,domestic violence is divided into four types according to the different ways and rights of the victims.The second part introduces the present situation of civil rights protection of domestic violence victims in China.In view of the current situation of China's legislation,this paper summarizes the special anti-domestic violence legislation,other laws and regulations related to domestic violence and the characteristics of local legislation.Next through the statistics and analysis with a divorce case involving domestic violence,abuse,crime case,apply for a guardian case and apply for personal safety protection order cases of different types of cases,from the cognizance and treatment of domestic violence and to carry out the point of view of personal safety protection order system,summed up the protection of the rights and interests of victims of domestic violence in China civil law enforcement status quo.The third part analyzes the deficiency in the protection of civil rights and interests of domestic violence victims in China.This paper makes an in-depth analysis of the regulations on the identification of domestic violence,the regulations on the disposal of domestic violence and the regulations on the habeas corpus protection order,and finds out the existing problems,so as to find the methods to protect the civil rights and interests of the victims of domestic violence.Fourth part combining with the experience of extraterritorial legislation,aiming at the shortcomings of the current regulations,from the family violence that,mandatory reporting system,and the relevant provisions of the guardian qualification system,personal safety protection system puts forward some proposals concerning the improvement of four aspects,and puts forward to establish domestic abuse personnel list as well as stakeholders to determine the range of divorce damage compensation.Strive to protect the civil rights and interests of victims of domestic violence.