Study On The Application Of Criminal Law Of Domestic Violent Crime

Domestic violence crime,as a kind of happened in violence between family members,compared with general violent crime has its own particularity,it not only for domestic violence victims of physical and mental,and directly destroy the stability of marriage and family and social harmony.In our country,the study on domestic violence started late,and there are relatively few laws and regulations on domestic violence.However,in the face of frequent occurrence of domestic violence crime in practice,this article through to the domestic violence crime judicial documents to induction and summary,looking for domestic violence crime in the judicial practice in the process of the improvement of the existing problems and put forward the corresponding suggestion,in order to achieve the prevention of domestic violence crime and crack down on the crime of family violence.The paper consists of the following six parts:The first part mainly defines the domestic violent crime in theory.First of all,from the perspective of the connotation and legal characteristics of defining the family violence,and then from two aspects of connotation and types on the related contents of domestic violence crime,clear the specific scope of domestic violence crime.The second part analyzes the characteristics of domestic violence crime.With four elements crime constitution,criminal object,objective aspect of crime,crime subject,subjective aspect of crime as the breakthrough point to family violence crimes deeply analyzes the specific characteristics of the domestic violence crime and other harm citizens’ personal rights,democratic rights distinguish crime.Third part for the empirical analysis.The present situation and problems of domestic violence crime in China on the basis of the judgment documents published online by the referee for the country between January 2014 and December 2014,between all levels of court decisions about domestic violence crime has carried on the statistical data.This paper makes an empirical research on the current situation ofdomestic violence crime through various aspects,and discusses the existing problems and solutions.In the fourth part,according to the data of the empirical research,the problems of domestic violence crime in the application of criminal law are put forward.By real judicial practice process the analysis of the domestic violence crime,from discovery mechanism of domestic violence crime,criminal subject,criminal object,qualitative and sentencing found in five aspects and puts forward problems,clarify the key issues faced by current domestic violence crime,do a good job in domestic violence prevention and punishment of crime.The fifth part focuses on the problems found in the last part,and puts forward some Suggestions for the application of the criminal law of domestic violence crime.Respectively from the victims of domestic violence crime,grass-roots organizations related to domestic violence,and by the public security organs,procuratorial organs,judicial organ judicial organs of different angles,such as hierarchical,multi-dimensional put forward the Suggestions to solve the problem.In the sixth part,the author puts forward some Suggestions on legislation.Expand the anti-family violence law on domestic violence in the range of types,perfect the elements of a crime in criminal law,adjust the punishment standard,enables the two laws to domestic violence crime of criminal law regulation on full cohesion,finally solve the problem of domestic violence crime from the legislation,implementation of domestic violence crime of regulation.