On The Domestic Violence Legal Responsibility

The "family violence" summarizes a kind of special social phenomenon.It initiated the law attention,with the development of the feminism,for its specialty on the environments and the subjects.With comparison method and theory analysis,the writer discusses the legislation deficiencies in our country,and advises to set the liability system of the family violence to protect woman's rights.Part one:The writer analyzes the present situation and causes of the family violence,and then concludes that sexual discrimination is the basic cause of the family violence.So this article is mainly about how to protect women's rights,not only formally but also substantially,which means we should give the abused women more inclined protections in some particular circumstances.Part two:In the research direction on the legal responsibility of the family violence,the writer has done the research mainly on discussing the violence from heterosexual mate.With comparison method,the writer defined the family violence into the body,mental and sex violence from the mate or the non-marriage cohabitant.After determining the conception of the family violence in this article,the writer reveals the causes of the family violence including history,country culture and individual effects.Part three:With the writer explains the necessities of constructing a law system of the family violence responsibility,in the background of protecting women's rights.On the intervening justification by the means of legal responsibility,the writer has discussed how to balance the relationships between public power and private right,substance equality and form equality,woman-oriented and family-oriented,law's certainty and judge's discretion.Part four:On the empirical analysis of the status of civil liability on the family violence in our country,the writer think the legislation on the civil liability should be improved.In the writer's view,first,we should regulate its own composition elements as a special kind tort.Second,we should stipulate the compensations for the loss in marriage to accomplish the compensation function of the civil liability.Third,we should introduce the "civil protection order" to implement and keep the judicial intervene to stop the not yet occurred but be-doing violence.Part five:On the reference some countries legislation experiences, the writer suggests to stipulate the family violence crime according the existing problems in the crime liability legislation in our country.And then, we should introduce the theory of "the abused woman syndrome",and broaden the scope of "the justifiable defense" to change the status that the abused who uses violence to prevent to be hurt are always punished too sternly by the law.At last,the writer advises to stipulate compulsory in some circumstances to induce private prosecuting risks of the abused.Part six:The writer has discussed the police intervening justification, and suggests to regulate the police's legal obligation to intervening the family violence,and set the supervision system,according to the present negative acts of the police.