Research On The Legal Regulation Of Domestic Violence

Prevention and Punishment of domestic violence, is an inherent requirement of building a socialist harmonious society, as well as an external expression of the idea of equality of human rights. The issues of legal regulation of domestic violence is related to the balance of public and privacy rights, the ways and means of legal regulation, the arrangements of main intervention and powers, and so on. On the issue of domestic violence is started later in China's theoretical circles, and the thought is relatively single. Therefore, it still relatively confusion and ambiguity in relevant of legislation and judicial practice of the prevention and punishment of domestic violence. It is in this context, this paper is going to analysis and research on the legal regulation of domestic violence, especially the police intervene the issue of family violence, and explore in upgrading the effectiveness of the police intervention of domestic violence, and construction effective ways of that.This paper is analyzed the laws constitute of domestic violence, which analysis of the nature and root of the action of domestic violence from the historical and social dimensions. The public power is necessary intervention of domestic violence, and police intervention compared with other public power means more advantages, and more legal and practical rationality. But combing through our existing relevant laws and regulations of domestic violence, there are still significant deficiencies and shortcomings in the legal system of anti-domestic violence in China, the police are lack of a reliable legal basis in intervention of domestic violence. However, the relevant of legislation and judicial practice of the anti-domestic violence and the basic deal with domestic violence have increasingly sophisticated, and the anti- domestic violence social prevention and control systems have increasingly maturity, which are the police as the main multi-agency cooperation. On this basis, putting forward a series of the concepts of legal systems, which can perfect our police intervention of domestic violence by comparison study, including the development of an unified integrity of the "Law for the Prevention of Domestic Violence", and perfecting the relevant civil and criminal legal system and protection mechanism, and so on. However, the domestic violence wanted to be completely resolved, and the relevant legal systems improved will be a long and complex historical process.