Research On The Legal Issues Of Police Intervention In Domestic Violence

Domestic violence is like a cancer,which not only damages the legitimate rights and interests of vulnerable groups in the family,but also seriously undermines the stability of the country and society.From the perspectives of family justice,gender equality and social contract,it gives the police the legitimacy to intervene in the family autonomy.While the " Anti-Domestic Violence Law " gives the police the power to intervene,there is no detailed provision for the list of responsibilities of the public security organs to intervene in domestic violence.When the police deal with domestic violence,they are in the dilemma of " performing their duties according to law " and "cleaning up the family." By analyzing the difficulties faced by the police in the actual operation of domestic violence intervention,this paper explores how to give full play to the police functions on the basis of the existing laws,and provides feasible suggestions for the police to effectively intervene in domestic violence.The first part of this article is a brief introduction to the concept and basic theory of police intervention in domestic violence.Mainly around three aspects to explain :one is to define the concept and type of police intervention in domestic violence;the second is the legitimate basis of police intervention in domestic violence;the third is the necessity basis of police intervention in family.The second part analyzes the boundaries of police intervention in domestic violence.It is proposed that the police should clarify the specific boundaries of police intervention from the classification of physical violence,mental violence,economic control violence,sexual violence and other violence under the premise of following the principle of proportionality and the standard of preventive intervention and hierarchical classification intervention.The third part analyzes the difficulties faced by the police in the practice of antidomestic violence.The " Anti-domestic Violence Law " provides a legal basis and disposal procedures for police intervention in domestic violence,but there are still deficiencies in practical operation,such as the lack of clarity on the types of domestic violence and police responsibilities,difficulties in the implementation of the asylum system,and insufficient harm of police to domestic violence.The fourth part puts forward opinions and suggestions on how the police can effectively intervene in domestic violence.On the basis of the previous research,the author starts from the problems encountered by the police in the practice of intervening in domestic violence in China,and puts forward measures such as clarifying the types of domestic violence and police responsibilities,improving the implementation procedures of the asylum system,enhancing the awareness and ability of the police to intervene in domestic violence,and building a multi-agency linkage mechanism.