The Research On Administrative Enforcement Of Domestic Violence

The high frequency and injurious consequences of domestic violence (DV), especially the cases that fall on women, determine the importance of intervention in administrative law enforcement against it. However, in practice, due to the ambiguity and inaccuracy of legislation and enforcement, the laws and regulations may not provide prompt and effective protection for female victims of DV. Frequently, the police will only file a case for investigation after deaths or disabilities are committed in deed. Therefore, the crimes can be punished, but the human rights of the female victims cannot be protected. For those female victims who have lost their life or health, their legal rights to life or health are not promptly and effectively protected.Significant results of relevant researches on DV issues have been achieved both domestically and internationally. Yet, most of them are launched from perspectives such as legislation, judicial remedy and social support. In many western countries, there are juridical approaches and practices, too. Currently, over forty countries have enacted specialized laws and regulations on DV, including China's Hong Kong and Taiwan. However, few researches about administrative law enforcement against DV have been launched yet.The first chapter of this thesis is an overview of the results of relevant researches both domestically and internationally. The second chapter discusses how DV infringes women's human rights through making legal analysis of administrative law enforcement against DV and referring to related theories of women's human rights. This chapter also points out that human rights within Private Domain should be protected equally, analyses the legal basis of administrative law enforcement against DV using principles of State Responsibility and No Fault Liability, and clarifies the necessity and legal basis of administrative law enforcement against DV. The third chapter is an analysis on current problems of administrative law enforcement against DV existing within the laws and regulations, the law-executors influenced by traditional view, enforcement objects and the female victims. The causes of these problems are discussed thoroughly based on the empirical surveys made in Liuyang. The fourth chapter, in accordance with the successful practices and approaches of Liuyang, points out that the crucial means to solve the problems is to establish and improve relevant laws and regulations, to achieve gender mainstreaming, and to explore new operation methods in line with the needs of female DV victims.Based on detailed survey data, results of relevant researches and theories of women's human rights and State Responsibility, this thesis discusses the legal basis and necessity of administrative law enforcement against DV. After analyzing the problems existing in the enforcement, several solutions are proposed, which are helpful references to improve the administrative law enforcement against DV.