The Problem On The Civil Responsibility Of The Family Violence In China

The problem of the family violence is one of the focus on the women and families in the world recently. It reflects people to care about the household human rights. Many data indicate the family violence in our country is serious, and harms greatly to the victim and other family members and the society. The penal law can be used to family violence, but the civil law can hardly used. The civil responsibility of family violence isn't clear or systemic. After is revised, as to the civil responsibility of family violence, there are two views: one proves that only nd its legal explanation can be used, the other considers the rules of can also be used.The thesis contains four sections. In the first section, it's analyzed the necessity of the civil responsibility of family violence. Begin with concept of family violence, its characteristic and harmfulness are induced, but measures are inadequate. So it's necessary to discuss the civil responsibility of family violence. In the second section, the theoretical basis are expounded which family violence commits the civil responsibility are law tampers morality field and respects member rights rather than family benefits and respects human rights in the domestic field and protects much more the weak. In the third section, it's pondered over the divergence and application on the civil responsibility of family violence, and thinks family violence is a kind of special tort, and it happens between family members, so the rules of can hardly be used. The rules of the civil responsibility of family violence should be prescribed according to the characteristics, and can't be only applied to and can't be simply decided by < The Civil Law>In the last section some suggestions are posed about perfecting the civil responsibility of family violence and some forms of the civil responsibility are put forward.