Demonstration Of Domestic Violence Crime On The Science Of Criminal Law

Family is the cradle of life, the cell of the society and the important organization form of existing and development of human being. In a healthy, harmonious family, we can feel the love, care, understanding and tolerance. While the existing of domestic violence distracts the family from love and warmth, occurs the contradiction and crisis, leads to the break of a family, even the tragedy, which directly affects the harmony of the family relationship and the peace of the society. In the 70s of 20^th century, the domestic violence problem has become the hot topic in western countries. China has started the research of domestic violence problem until 90s of 20^th century, but mainly focusing on sociology, psychology and medicine etc. In the law field, the main point of research also focusing on the civil law, marital law and other fields. Actually, the domestic violence is closely related with the criminal law. The serious domestic violence action should be evaluated within the range of criminal law. But now the legislation about domestic violence crime is leak of relevant regulations in China; the research and discussion about domestic violence crime are also very weak. Therefore, it is necessary to consider about the domestic violence crime from the point of view of criminal law, which is very important for regulating domestic violence crime, improving domestic violence criminal law theory and directing the jurisdiction trial.Basing on the research result home and abroad and the situation of China, this article explains the domestic violence crimes in three parts:The first part is the outlines of domestic violence crime. It mainly introduces the basic questions of domestic violence. Basing on the relevant regulations of domestic violence defined by United Union; the relevant laws of oversea and mainland China and different opinions of the academic field, this article explains the meaning of domestic violence. It also summarizes the existing status of domestic violence all around mainland China. In addition, it deeply discusses some other academic questions of domestic violence crimes, for example, how to define the domestic violence crime. In addition, analyze more on the several crimes related to domestic violence.The second part is the understanding of violence in domestic violence crime. This chapter could be divided into three parts. And deeply discuss the below issues: The exact understanding of violence in domestic violence crime, the standards of violence that could be defined as crimes in the domestic violence crimes, whether domestic cold violence and marital rape belongs to domestic violence issues. Also the author shows his own opinions on these issues.The third part is the consideration of improving the criminal legislation of domestic violence crimes. In this part, the author tries to make the existing criminal law more perfect. Basing on the limitations of domestic violence crimes, the writer expresses his opinions of improving criminal legislation so as to realize the legal effects of restricting domestic violence crimes.In summary, by using qualitative analysis and quantitative analysis; combing the real cases with theories; adopting research techniques of historical research, compare research and real case analysis, the article well anatomizes the deep-seated questions of domestic violence crimes so as to provide valuable references of legislation and practice of domestic violence crimes in China.