Comparative Study Of Family Violence Against Women And Legal Prevention

Family violence is widespread in the world, and it has become a serious social problem. The manifestation and causation of family violence is various and complicated. It causes serious harm to society and family. To prevent and stop domestic violence, effective legal guarantee mechanism should be built. From the standpoint of legal prevention, many countries and regions have made relevant stipulations to accumulate certain experience. China’s anti-family violence law framework has begun to take shape, but there is no special law against family violence. This article devotes to make a contrast study of the regulations, legal status and judicial practice of family violence prevention of Hong Kong, Taiwan and other developed countries. Afterwards, it clarifies the present situation and problems of legal prevention of family violence in our country. It proposed consummates our country family violence legislation, law enforcement, judicial suggestions, aiming to explore suitable for China’s national conditions of family violence legal countermeasures, for China’s anti-family violence legislation and judicial, and provide some beneficial reference.For the prevention of family violence legislation, first of all the concept of family violence should be accurately defined. Based on comparative analysis of the concept of family violence, range of members, forms of violence, harm degree of foundation between family and foreign countries, the author thinks it should be in accordance with the relevant laws and international regulations and standards of articulation, gradually, to increase the protection of victims, pay attention to objectivity, rationality, prospective principle on family violence were defined, definition should include a family violence in the executive main body, scope of application, forms of violence, abuse, and other elements of the object of harmful consequences.Family violence is a global problem, and exists in different level. Family violence is universal, concealment, cycle and repeatability of common features such as. The performance of family violence is not only for human rights, but also on children’s physical and mental health and growth the harm caused by the more far-reaching. Practice shows that family violence is the leading cause of marriage and family disintegration of the important reasons, not only a violation of the human rights, but also seriously endangers social stability. Should say, family violence has become the social effects of pollution, must cause high attention.From the overseas, such as the United States, Canada and China Hong Kong, Taiwan area, the judicial intervention of domestic violence intervention of judicature has distinguishing feature each, in prevent and stop family violence legislation and practice has accumulated some experience, is currently China’s anti-family violence legislation and administration of justice to provide useful reference.At present, China’s family violence prevention, criminal and civil procedure legal system there are inadequate. Therefore, this paper suggests, our country in the aspect of legislation, should speed up the " anti-family violence law "; to perfect the civil law, is introduced into the civil protection orders, property system, the damage compensation in the marriage system; improving the criminal law, amendment added sexual assault and violation of protection order, the " battered woman syndrome " conviction and sentencing legal circumstances, improve related to family violence, abuse, abandonment crime. Law enforcement, strengthening the police intervene actively, draw lessons from developed country police in the family violence experience, combine our country police intervention legal dilemma, clear the legislative involvement in family violence and strength, let the law to legal, social return to society. Judicial aspects, in view of family violence case specificity, is conducive to the establishment of the protection of victims of the inversion of burden of proof, the court to powers of investigation, expert opinion evidence system, prosecution, private prosecution combining litigation, prosecution of family violence case, trial supervision and " light injury case prosecute".