The Position And Construction Of Anti-domestic Violence Law

Domestic violence is a social problem all over the world. Whether in China or in a foreign country, in intellectual family or in peasant family, domestic violence is more or less existing. After the World Conference of women opening in 1995, China began the legislation of anti domestic violence, but until 2015, our legal regulations against domestic violence is not perfect. It has not built a specific national legislation. According to the relevant data, domestic violence existing is about 30% in China. This shows that there are about three families exist domestic violence in ten families in our country. Facing of the serious phenomenon, our current legislation is not enough to deal with. We need to develop a national special law of anti domestic violence. This paper attempts to position and construct the anti-domestic violence law on the basis of previous research by using comparative law method,literature analysis method and sociology method. This paper divides into four parts :The first part: To analyze the definition of domestic violence. Now, our definition of domestic violence is not precise. I based on the situation of our country, and learn the advanced concepts of foreign, then put forward my relevant opinions. Then I analyze the harm and current situation of domestic violence in China, explain the urgency of the anti domestic violence legislation at present. At last of the first part, I describe the current legislative process of anti-domestic violence in China.The second part: This part analyzes the necessity and probability of anti-domestic violence. On the necessary part, I describe the requirement from the personal, social, national to international successively, to show that the legislation is urgent. On the probably part, I describe the legislative experience of local legislation and foreign progress. To compare and analyses the characteristics of local regulations and foreign countries in the end.The third part: position on macroscopic of the name, purpose, principle of the anti-domestic violence. The macro orientation will not only help to construct the idea of legislation of anti domestic violence law, but also contribute to the specific system at next.The fourth part: construction of our main system in the anti-domestic violence law. this part is based on our basic national conditions, draw lessons from "Domestic Violence Prevention Law(Draft)", "the trial of cases involving domestic violence marriage guide" and "People’s Republic of China on anti-domestic violence law(Draft)" and local regulations and the overseas advanced legislation experience, to analysis and thorough research on the controversial and important system,such as multi agency cooperation system, safety protection system, disposal system and the setting of the legal responsibility. Hoping to offer the power to build the anti-domestic violence legislation of China, to build the rule of law system of socialism in our country and to protect the harmony and stability of the society.