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Domestic violence crime and criminal penalties of
Author: LiHong
Tutor: LiuJianQing
School: China University of Political Science
Course: Criminal Law
Keywords: Domestic Violence Crime of domestic violence Motive for the crime Criminal Division
CLC: D917
Type: Master's thesis
Year: 2006
Downloads: 484
Quote: 1
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Abstract
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Since the beginning of the twenty-first century , human beings , not because of the lifestyle of modern and reduce domestic violence , and some serious family violence has reached the extent of criminal penalties . Although the newly revised Marriage Law against domestic violence \domestic violence, criminal justice intervention mechanism , the use of the criminal justice means to curb domestic violence , the judiciary as compared with the real needs , showed the lag . First, do not have any criminal laws and their interpretation of the family violence as a prohibited object ; not established cases of domestic violence public prosecution system . The first paragraph of the Penal maltreatment case of private prosecution by the battered women bear the burden of proof and always assume the obligation to testify against crime . Practice , the public security organs in dealing with cases of domestic violence are not treated , perfunctory occur . Contemporary family violence causes ? Strengthen penalties for domestic violence prevention and treatment of domestic violence from a criminal law perspective it ? Writer learn from foreign criminal law on the basis of the provisions on the crime of domestic violence , domestic violence advocates in criminal law legislation or judicial interpretation should be used as a class of sin be the subject clear for the crime of domestic violence , domestic violence - related charges in the current criminal law concentrated to a crime of domestic violence under this type of sin , through the clear provisions of the Penal Code , to strengthen domestic violence criminal penalties . Therefore, the characteristics of the author from the concept of the crime of domestic violence , domestic violence crime , the crime of domestic violence constitute , focused on the motive for the crime of domestic violence perpetrators proposes to strengthen criminal penalties for perpetrators of domestic violence to be hope that the criminal law to reduce domestic violence prevention and Punishment of the role played good .
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