The Criminal Law Protection Of Domestic Violence

Domestic violence is a special criminal infringement personal rights and democraticrights of citizen, is a violence happened in the ongoing between family members, and haveessential distinction between social violence, this distinction is mainly reflected in the crimebody, the special relationship between the parties, different legal interest and other aspects oflaw violations, domestic violence crimes should be treated differently from other violentcrimes, but in our current system of criminal law, domestic violence and other social crimesis no difference between violent crime.Domestic violence crime and social violence crimeshave no different in legal regulation, they have the same accusation, and in sentencing respectthere is only a judicial interpretation regulations that the violence criminal happened betweenfamily members will have a lighter punishment.Such provisions are not conducive to theprotection of victims of domestic violence crimes, is not conducive to achieve the purpose ofcriminal law.Crime of domestic violence should be written in Chinese Criminal Law, as a part ofCharter IV. As a specialized accusation of regulation of violent crime charges in familymembers, by humiliation, intimidation, sexual violence, to achieve the purpose of the familymembers have control of the body to the family members mental harm and sexual rightscrimes. The object of the crime of domestic violence crimes are mainly personal rights ofcitizens, including the right to life and health of citizens, liberty, reputation, sexual autonomy,etc. In addition, the destruction of the right to equality in marriage and family order, andfamily members of domestic violence sin-specific criminal object; objective is to implement acrime of violence; criminal subject is a natural person, and family members; subjectiveaspects of crime is intentional, willful including both direct indirect and intentional addition.We should be correctly make a distinction between domestic violence and Crime ofabuse, intentional injury crime, the crime of rape. Battered woman syndrome can beintroduced into our criminal law system to protect these victims of violence in order to choosea family member to violence with violence. Domestic violence crimes should be punished severely, because of violations of family member recessive great social harm. Heavierpunishment on the basis of the need to fully take into account the special relationship betweenthe offender and the victim–they are family members, for the victims of crime who arewilling to understanding, it should be given a lighter punishment. For the crime of domesticviolence, the death penalty must be strictly controlled in order to avoid victims of domesticviolence and victims of crime families secondary damage.