A Comparative Study On The Legal System For Domestic Violence Prevention And Control Between China And Korea

With the development of the times,more and more people realize that domestic violence is not only a problem within the family,but also a social crisis to a certain extent.The family has become a place where violence is carried out,which has caused serious negative effects on the perpetrators,victims and their families.Domestic violence is not only a violation of the individual human rights of the victims,but also a serious criminal act that may cause serious social problems such as family disintegration.Its violent characteristics and spread effects will have a significant impact on social and national legal interests.Therefore,domestic violence,as a serious problem hidden in our society,needs us to take it seriously.South Korean and Chinese society have also recognized this problem and issued relevant laws and regulations.On December 27,2015,through the joint efforts of Chinese government departments,scholars,social organizations and other parties,the Anti-Domestic Violence Law was deliberated and passed and formally implemented on March 1,2016.The promulgation of this policy and law is based on the premise and goal of safeguarding the legitimate rights and interests of individual family members,so as to prevent domestic violence in advance.South Korea,which has similar cultural foundation and ethical values with China,enacted and promulgated the Law on Prevention of Domestic Violence and Protection of Victims in 1997.The bill prevents the occurrence of domestic violence and protects the victims of domestic violence through the establishment of a pre-mechanism,thus achieving the legal effect of promoting and cultivating harmonious and sound family relations,which has important reference significance.Therefore,this article compares the prevention and control systems of domestic violence between the two countries in order to be beneficial to China in improving the relevant systems.This thesis is divided into four parts altogether.The first part inspects the current situation of domestic violence prevention and control in China.At present,China has established a domestic violence prevention and control legislative system with "Anti-Domestic Violence Law" as the main part and other legal systems such as civil law and criminal law as the auxiliary part.At the same time,the powers and responsibilities of various functional organs have been further clarified,including the personal safety protection order of the court,the intervention function of the public security organs and the mandatory reporting obligations of other subjects such as village committees.As for the follow-up rescue of victims,China has established a temporary asylum system and a legal rescue system.The joint application of these measures can find that the current construction of China’s domestic violence prevention and control system has gradually seen results,people’s awareness of rights has increased,and the operation mechanism of various responsible subjects is more effective and scientific.The second part analyzes the current situation of prevention and control in South Korea.South Korea started legal prevention and control of domestic violence a little earlier than China.In legislation,it has formed a legislative system with "Protection Law for Victims of Domestic Violence" and "Punishment Law for Domestic Violence" as the main part,supplemented by "Child Welfare Law" and "Basic Law on Gender Equality".In terms of the establishment of the functions and powers of the relevant subjects,South Korea’s law not only stipulates the duties of the government and the courts,but also establishes a special police system for domestic violence,which plays an important role in the prevention and treatment of domestic violence.South Korea’s victim follow-up assistance system is very developed,mainly including domestic violence protection facilities and domestic violence counseling centers,legal,medical and residential support systems,victim treatment and recovery projects,and informant correction and treatment projects.It is precisely because of South Korea’s advanced means in the prevention and treatment of domestic violence that the number of cases of domestic violence in South Korea has been effectively controlled.The third part compares the systems of China and South Korea on the basis of the above.First of all,China and South Korea have commonalities in legislation on the prevention and treatment of domestic violence.However,there are fundamental differences in the composition of the legal system between the two countries.China’s Anti-Domestic Violence Law is a single law,while South Korea’s domestic violence law consists of two laws: the Law on the Protection of Victims of Domestic Violence and the Law on Punishment of Domestic Violence.In addition,China has expanded the scope of application of the subject of domestic violence.In addition to the immediate family members such as spouses,both parents and children,the law can also be applied to other people living together.However,compared with South Korea in terms of followup rescue,although China has a legal system to prevent domestic violence,it lacks relevant practical measures.Although it has set up temporary shelters,shelters alone cannot solve the fundamental problems of victims of domestic violence.Finally,from the actual effect,South Korea’s domestic violence prevention measures and implementation results are better than China’s.Finally,in order to improve the prevention and control system of domestic violence in China,we should first improve the legislative system,expand the scope of domestic violence in special laws,and refine the relevant provisions of criminal law and civil law.Special principles of proof should be set up in litigation to protect the rights of victims.In terms of the operation mechanism of the state’s functional organs,in addition to strengthening the government’s efforts and popularizing legal knowledge,we can learn from South Korea’s experience and set up special police.In terms of follow-up assistance,we should further improve the construction of shelters,set up special consultation centers and others and adopt a multi-pronged approach of various linkage mechanisms.