The Research On The Relief Mechanism Of "Anti Family Violence Law"

Domestic violence is a global issue that runs through the history of the class, the class, race and national boundaries, and has been widely concerned by all the countries in the world. It is not only a family problem but also a social problem, which is a legal issue as a human right. In the past, China has always maintained a tolerant attitude towards domestic violence, that the law does not enter the house. Nowadays, domestic violence is no longer a chore, but included in the national public affairs, family violence is no longer a shield. In March 1,2016 the implementation of the "People’s Republic of China Anti domestic violence law" for the first time on the domestic violence system regulation, the category of domestic violence will be clear, the definition of domestic violence and the definition and legal responsibility of specific provisions, especially the main cohabitation and marriage outside the spirit of infringement in "anti family the category of violence law" regulation, while strengthening the protection of the person without civil capacity or with limited civil capacity, set up to help, reflect grassroots organizations to complain to the public security organs report and prosecute these three ways of relief to the people’s court for victims of domestic violence, domestic violence and the provisions of the mandatory reporting system, expand the the scope of public security warning system, set up the police for help, apply for asylum, to provide legal aid, habeas corpus and Evidence system, to family violence from prevention and relief to full coverage of the punishment of the chain in place, and to prevention and relief as the center of gravity to stop domestic violence has occurred, or to prevent domestic violence escalate, let honest too hard chores has the law to depend on, explicitly anti domestic violence is the state, society and each family.common responsibility.In this paper, according to my research in order to divided into a total of into three parts:the first part is about the research on the status quo of China’s anti domestic violence, expounds the concept and characteristics of family violence, analyzes the reasons of family violence, introduces the general situation of family violence in China, and China’s first "anti domestic violence law" formulation of the tortuous course. The second part introduced outside of the family violence relief mechanism, in Europe and the United States and other developed countries, domestic violence prevention and rescue system is already mature, and is widely used in the judicial practice, followed by including the United Kingdom, the United States, Canada, Norway and the Netherlands family violence relief mechanism. The third part gradually analyzes the highlights China’s current "anti domestic violence law relief mechanism, regardless of the system, as well as in the world has already come to the rise of the human body safety protection system and domestic violence shelter system, is about China in family violence in the protection of human rights, promote social civilization telling relief category of expand, mandatory reporting and revoke the guardianship system, or China’s first public security, but also on the road of socialist rule of law in China a milestone. The fourth part introduces China’s first "anti domestic violence law" is in need of improvement suggestions, including domestic violence tort damages system setting, refinement of various departments linkage duties against domestic violence, the establishment of expert witness system and the introduction of domestic violence law enforcement agencies and the judiciary.