Legislative Regulation Of Domestic Violence

In recent years,the frequent occurrence of malignant domestic violence cases has once again made the term "domestic violence" the focus of public attention.With the gradual enhancement of citizens’ awareness of their rights,the voices in society for protecting human rights and opposing domestic violence are also becoming increasingly strong.The Anti Domestic Violence Law,implemented in 2016,explicitly stipulates the meaning and legal responsibility of domestic violence,and creatively introduces the system of personal safety protection orders,marking a new step forward in China’s regulation of domestic violence crimes.Although relevant laws have been introduced,on the one hand,China’s anti domestic violence legislation started relatively late,so the actual connection between the Anti Domestic Violence Law and the Criminal Law is not perfect.Some provisions have loopholes in clarity and completeness,making it difficult to effectively combat domestic violence crimes and protect the rights and interests of victims;On the other hand,there are still difficulties in the judicial practice of domestic violence crimes in China,and many issues are still difficult to reach a conclusion,which hinders the further work of practical departments.Therefore,this article focuses on domestic violence as the keyword for discussion,and analyzes the current problems in the field of domestic violence crime in China based on the nature of domestic violence.The aim is to provide legislative suggestions for the shortcomings of domestic violence crime regulation in China,and to provide reference for how to further regulate domestic violence crime in the new era.This article is divided into five parts.The first part is an introduction,explaining the background,significance,and methods of this study,and showcasing the current research status of domestic violence in the academic community;The second part selects some controversial and representative real-life cases in the field of domestic violence,and proposes corresponding issues;The third part starts from the issues involved,compares the current regulations,and analyzes the problems in the current legislation in the field of domestic violence in China,mainly including the narrow scope of protection,the need to expand the subject and connotation of domestic violence,the unclear application of specific charges in domestic violence,the sentencing of "using violence to control violence" behavior,and the identification standards for defense in domestic violence.The scope of application of the personal safety protection order system is small,and it is difficult to provide evidence The major issues of insufficient disciplinary measures;The fourth part is an analysis of difficult issues in the judicial practice of domestic violence crimes in China,including the boundary between the crime of abuse and the crime of intentional injury,the handling method of victims’ "using violence to control violence" behavior,and the determination of legitimate defense in domestic violence crimes.It proposes to distinguish between the crime of abuse and the crime of intentional injury from the definition,object of infringement,and nature of the charges,The viewpoint of mitigating the punishment for the act of "using violence to control violence" and discussing the justifiable defense in domestic violence crimes according to the situation,and appropriately lowering the defense standards;The fifth part is to provide suggestions for the legislative regulation of domestic violence crimes in China.Broadly understand the connotation of the concepts of "family members" and "domestic violence",expand the scope of subject and object protection of the Anti Domestic Violence Law,and improve the system of personal safety protection orders from three aspects: expanding the scope of application,reducing the difficulty of providing evidence,and increasing punishment.By adding specific charges of domestic violence,clarifying the conviction standards for the crime of abuse,reducing the sentencing of "using violence to control violence" behavior,lowering the recognition standards for defense in domestic violence,exploring the application of qualification penalties in domestic violence,and improving relevant provisions of the criminal law.Improve the methods of incidental civil handling,clarify the standards for compensation for mental damage,designate a calm period for domestic violence,and establish a follow-up system afterwards.The above discussion is intended to provide reference for China’s anti domestic violence legislation,so that domestic violence crimes can be more comprehensively regulated,and thus achieve the ultimate goal of maintaining family harmony and social harmony.