An Analysis Of The Legal Concept Of Domestic Violence In The Anti-Domestic Law

Domestic violence has become an increasingly prominent social problem in the global context.On domestic violence,Western feminists argue that violence originates from social structure.The dual value of a typical patriarchal society where women are generally regarded as accessories to men,more condoned by men's violence against their wives,and by violence in marriage relations between men and women.With its traditional historical background and social values,our country is immersed in the traditional Confucianism,the society allows men to be superior to women,the process of marriage conflict,the power given by the patriarchal omnipresent.From the perspective of gender role expectation and division of labor,traditional values include "male" Respect female inferiority "," male master outside female master inside "," "three conformist four virtues" and so on a set of legacy.The problem of domestic violence has its special attribute in law.It can not be denied that domestic violence has become a widespread social problem,but because it exists in the family scope of violence.Unlike other social violence,which mainly occurs in public places and strangers,it occurs in more secretive family relationships,which are not a public intimate relationship.Its natural feelings and privacy lead to the inevitable requirements of autonomy,it hopes to be able to handle its own affairs,without the help of external regulation,such a special attribute.Which leads to a conflict of value between it and the law of the country.Conflict is manifested in: the excessive control of family relations by national laws will lead to the disintegration of intimate relationships between families to some extent.And the intimate relationship will detract from the national legal effect to some extent through the action of emotion.Therefore,how to define the legal concept of domestic violence,has become the basis and key of the relationship between law and regulation of the national family violence.The mainstream has been physically beaten;sexual abuse,sexual abuse,sexual harassment,intimidation,trafficking in women and forced prostitution violence abuse and spiritual damage;forms of economic behaviors and other aspects of the control are included in the scope of the legal concept of domestic violence.The Law of the People ' s Republic of China on Combating Domestic Violence is also officially implemented on March 1,2016.Article 2 of Chapter 1 of the Act provides that " Domestic violence referred to in this Law means physical,mental,and other violations committed in such a manner as to beat,bind,injure,restrict the liberty of persons as well as frequent verbal abuse,intimidation,etc.";Although the shackles of traditional thinking,local regulations and guidelines prior to trial,but because the audience is far less than the standard of the law,the family members living together outside people to associate it with the terms of the form of domestic violence into the scope of the subject,such as the measure of manifestation of the spiritual violence behavior identified as family the violence above,makes the public for domestic violence legal concept is to update the ideas,and the concept of international mainstream standards.But because of the characteristics of Ideological and cultural environment of China's local restrictions,not legislators or sexual violence,domestic violence control economic behavior and the former spouse cohabitee,before this kind of home The subject of violence is within the scope of the regulation of law.It can be said that the "anti domestic violence law" the introduction to the whole society,family environment,is undoubtedly far-reaching,but its legislative effect remains to be verified,supporting the implementation details also need to keep up with,and through deepen the measures to enhance the operability of the law implementation and research level;scholars should also continue to deepen,to provide theoretical support system for the prevention and control of family violence;so as to form a good social atmosphere,to make their own contribution to the harmonious environment of tens of thousands of families.