Font Size: a A A

Exploring The Remedy Mechanism Of Anti-domestic Violence Law

Posted on:2019-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:C DongFull Text:PDF
GTID:2416330551461092Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The relief mechanism of domestic violence refers to victims and victims of domestic violence.When their legitimate rights and interests are infringed upon,they are provided with means and systems for recovery,remedy,and resolution.The "Anti-domestic Violence Law"preliminarily constructed the relief mechanism of domestic violence from the three levels of administration,justice and social assistance.The law defines the definition of domestic violence and regards"family members" and "non-family members who live together" as the main body of relief.At the same time,the type of domestic violence is defined as body and spirit.The main contents include compulsory reporting system,public security admonishment system,and personal protection order system.The relief mechanism is of great significance in preventing and controlling domestic violence and improving the legal system in China.Domestic violence victims' sense of seeking relief is greatly enhanced.However,there are also some problems,such as the single function of the shelter,the details of the system of the personal security protection order is not clear,and the problem of difficult proof has not been effectively solved.In the process of exploring domestic violence relief mechanisms in typical countries and regions,this paper examines the relief mechanisms in the United States,the United Kingdom,and the Taiwan region of China from the three levels of legislation,justice,and social assistance,and compares and summarizes similarities and characteristics for relief in China.The improvement of the mechanism provides rich experience.The United Kingdom and the United States are both decentralized and have concentrated laws.The U.S.government has invested heavily in capital.The police have taken active and proactive intervention.The civil protection order system has a long history and mature application;British courts have greater discretionary power,the "zero tolerance exercise" and The use of the "domestic violence register" has made the social assistance mechanism unique;China's Taiwan region has special legislation to introduce criminal justice intervention mechanisms and establish domestic violence crimes.For the improvement of the remedy mechanism of the"Anti-domestic Violence Law",the scope of relief for domestic violence shall be expanded from the main body and the type,the detailed rules of the personal security protection order shall be defined,the functions of the temporary shelter center shall be perfected,and the family damage compensation system shall be established to reduce the standard of proof.The introduction of expert witness systems improves the evidence system.
Keywords/Search Tags:anti-domestic violence law, remedy mechanism, suggestions for perfection
PDF Full Text Request
Related items