Against Domestic Violence Legislation Research

Domestic violence as a global social problem, are shows ascendant trend, serious malignant cases increasing. Should be prepared to prevent and stop work, the key should work. It is urgent need to develop a unified special laws against domestic violence, to meet the practical need of society relation adjustment of reconciliation judicial practice urgently. This paper will be a on the current legislative defects and much-needed legislation adjustment social contradiction of cognitive basis, analyzed and demonstrated against domestic violence special legislation in the inevitability and necessity. Through the redefinition of the relevant specific legal concept, for our country against domestic violence legislate to provide feasible Suggestions. China enacts against domestic violence method shall is a comprehensive legal, its legislation contents of civil law, criminal law should be across, administrative law and social law and legal and non-legal procedure and so on many legal department. Specific terms should include violence prevention, victims of protection and support and should obtain legal remedies and against criminals investigation, prosecution and punish, etc. In the legal responsibility, but should stipulate domestic violence of civil liability, administrative liability and criminal liability. Should have certain prospectie. adhere to the "family violence zero patience","the victim standard","national responsibility","human rights idea" basic legislation idea, establish to ban all forms of family violence, gender equality, freedom, to protect victims, marriage, multi-institutional cooperation and prevention and intervention and punishment and combine the basic principle, prohibited mediation, will legalization family violence type defined as internationally recognized physical violence and spiritual violence, sexual violence and economic control, the scope of protection legislation should be based on women’s groups and alone expanded to all family members and special close ties, clearly state and government departments and ngos. media, education institutions, courts and procuratorates shall, law firms and medical institutions, social relief agencies. appraisal institution and grassroots self-governing organizations, etc. Various kinds of intervention subject duties, create personal safety protection, security measures, evidence, marital damages, mandatory arrested and prosecuted (detain) the localization of the legal system, etc. For speeding up our country related legal evolution and development process, reflect the basic human rights protection law of value, need to push the legal reform, review all other related laws, the revision or revoked in the current law and against domestic violence conflict of laws provisions, to ensure a stable legal framework, thus ensuring family members human rights and eliminate family violence in the legal system and the consistency.