In Terms Of The Protection Of Legitimate Rights And Interests Of Minors In Crime Of Family Violence

In China, the traditional concept of "spare the rod and spoil the child" and "dutiful son under the sticks" are generally accepted. It’s regarded as the things of others, even the judicial organs take the attitude that it’s better not to hand in the matter. All of these lead to that both theoretical research and judicial practice in our country didn’t pay enough attention to the violent crimes against minors in the family, the legitimate rights and interests of minors who suffer the violence cannot be guaranteed. Around this problem, I mainly do the following work areas:First, access to a large number of relevant literature and case basis to introduce some basic questions of this article. Including what is the family violence, how to define for family violence crime, and concept, characteristics and types of the violent crimes against minors in the family.Secondly, there will be the analysis about present situation and problems of protection of the rights and interests of the minors in the family violence crime. Including the present situation of legislation and the legal application. The present situation of legislation include lack of a special law to protect the rights and interests of minors in the family violence, the current criminal law charges are not targeted, and the related legal regulations are scattered and lack of operability. The present situation of the legal application include mandatory reporting system and the system of habeas corpus is not perfect, lack of a special agency for minors to deal with the family violence cases, and so on.Third, introduce the legislation and practice of the prevention and control of the violent crimes against minors in the family in the United States, Britain and Japan. In legislation, the United States and Japan have developed a special law for the prevention and control of violent crimes against minors in the family, there also have special provisions about the issues related to child abuse in Children and Young Persons Act 1933 and Children Act 1989 in Britain. About the legal application, the United States and Japan have relatively perfect mandatory reporting system and the system of habeas corpus, and has set up a special agencies, and so on. The UK also has a very unique system of the “Domestic Violence Register”.At last, learn from the foreign experiences and combined with China’s actual situation, make recommendations for improving the protection of rights and interests of minors in family violence crimes, it’s also the purpose of this article. In legislation, we should formulate a special law to protect the rights and interests of minors in the family violence, or there should have special provisions under the clauses in the Domestic Violence Law for minors. In addition, identified the bad plot in crime of abuse. In the legal application, improve the existing system of criminal private prosecution, the system of mandatory reporting and ruling safety protection system, set up a family violence prevention committee, build the relief measures, and so on.