The Research Of Remedy System Of Domestic Violence

Domestic violence is a social phenomenon as well as an obvious problem we are facing nowadays. People now attach more importance on the research of domestic violence and protection of human rights. Not a few countries have established rather complete law systems and they turned out to be very effective. Taking this as a mirror, our country is a little late in starting studies on this problem. At present, we don't have special laws against domestic violence. Relevant rules against domestic violence are scattered in different laws and regulations such as Constitution, Marriage Law, Criminal Law, etc. These rules lack coherence and are not systematic or regulated. The content is not complete. The rules are all general principles which lack operability. Principles on law procedures, onus probandi and remedy are imperfect, which lead to difficult followings in trial. Public power is still passive and negative while intervening domestic violence as it doesn't have strong and effective ways to stop domestic violence from happening. The lack of complete law assisting system and perfect social assisting system is the primary reason why the victims could not get effective judicial protection and assistance. As a result, deep studies and discussions on domestic violence problem should be carried out. We should perfect the definition of domestic violence by using foreign experience as our reference and form a full-scale law remedy system for domestic violence from the aspects of legislation, justice and social remedy. This has undoubtedly theoretical and practical significance for protecting the lawful rights of victims from domestic violence and maintaining social stability.This paper analyzes legislative and judicial situations of remedy system against domestic violence of our country and sums up some existing weaknesses as far as our legislation and justice are concerned. Through analyzing advanced practice and experience regarding domestic violence remedy system in some countries, some practices that are appropriate to be applied to our country have been found. They are as follows: from a macro view, it is proposed that a special law with scientific and reasonable domestic violence remedy framework should be established; from a micro view, three systems should be established: the first one is civil remedy system which takes civil protection order system and inner marital damage compensation system as the main body; the second one is special evidence rules and proof system; and it is suggested that accusations regarding domestic violence, violation against protection order and inner marital rape should be added in criminal law; the third one is social prevention system which can perfect community prevention, shelter and remedy and law assisting system so as to construct domestic violence remedy system in our country.This paper consists of five parts. The first part will mainly introduce a case where domestic violence led to violence against violence, and point out the imperfect situation of our law remedy system against domestic violence which lead to tragedies where victims from domestic violence have no way to seek law remedy.The second part primarily presents basic theories about domestic violence. Through comparing definitions of domestic violence across different countries, a definition based on the author's own understanding is given, which includes characteristics and types of domestic violence.The third part shares the legislative situation of our law remedy system against domestic violence. A few cases are used to analyze our legislative and judicial weaknesses.The fourth part gives an introduction of law remedy system in the United States, United Kingdom, Hong Kong and Taiwan area. We are attempting to find out valuable practice that we can refer to by looking into the foreign law remedy system.The fifth part proposes some suggestions about perfecting our remedy system against domestic violence, which include establishing special anti-domestic violence law, perfecting domestic law remedy, making up for judicial weakness, and forming social management system.