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On the Prevention Countermeasures of Domestic Violence of Our Country

Author: CuiJingHua
Tutor: ZhangXu
School: Jilin University
Course: Criminal Law
Keywords: Domestic Violence Prevention and cure Countermeasure
CLC: D923.9
Type: Master's thesis
Year: 2007
Downloads: 1001
Quote: 3
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Abstract

The family is a social cell, the member of family of in peace and harmony is social stable foundation with firmness. In recent years, along with the variety of people’s value, philosophy and moral view, the view of marriage and family view to also incline to diversification and the domestic violence crime continuously increases and become a“hot point”in commit a crime of criminal at the lately period. Continuously develop of human rights and progress of rule by law, objective up request that we have to face to work out this problem. More and more the serious domestic violence endangered the victim’s legal rights, broke social stability or development and had already caused the extensive concern of whole societies. For give the victim of domestic violence is more overall, more concrete, more appropriately help to obtain the better social effect and have to build up complete of prevention and cure system.This thesis is totally divided into three. The first chapter is about the basic circumstance of domestic violence. The second chapter is about the present condition of our country domestic violence and the necessity of build up prevention countermeasures. The third chapter is about the prevention and cure countermeasures of domestic violence of our country. This thesis put forward a practical viable solution to the domestic violence of china from the state of china.The first chapter of the thesis is about the basic circumstance of the domestic violence. Include the concept, characteristics and the reason of the domestic violence. For the concept of domestic violence, the writer think, the domestic violence is violent behavior that one member of family, get up with the marriage and the blood relationship, infringe upon other human’s body, spirit, sex. Mainly include the violence of husband and wife, the violence of the parents and the children, the violence of other family members. Because the domestic violence mainly takes place between the husband and wife, so this thesis is mainly about the violence of husband and wife. Its manifestation is mainly about contuse, bind, kick, use tool attack, bullies personality, limits a human body freedom, injures body, forces to have sexual behavior, sex maltreatment and so on. The characteristics of domestic violence mainly expresses of the domestic violence has the concealment, the domestic violence has some periodic, the domestic violence measures of diverse, the domestic violence has the particular of object, the domestic violence has the subjective. The reason which causes domestic violence mainly includes, the discriminate sex is the history reason of the our country domestic violence, the indifferent realize of people’s human rights is the thought reason of the our country domestic violence, the depend on the material resources is the economic reason of the our country domestic violence, a series of variety that society change is the social reason of the our country domestic violence, the law not perfect is law reason of the our country domestic violence.The second chapter of the thesis is about the necessity of built up prevention countermeasures. In our country the constitution, the marriage law, criminal law, public order management punishment the method, the local laws and so on all has provision to the domestic violence, but provision of more general, the maneuverability is worse and treat in further perfect. Not only in such, our country is in the anti-domestic violence also meet not a few harassments. For example, the public indifferent realize of law, the law isn’t perfect and maneuverability is worse, the law help isn’t better, the dissemination of news medium exists a problem, academic research not enough thorough system, the function that government organization and non-government organize hasn’t cooperate well. So urgently need to build up a stereoscopic-network to prevention. Because, oppose the domestic violence is advantageous to better maintenance women’s human right, oppose the domestic violence is advantageous to better maintenance women’s mind and body health and personality dignity, oppose the domestic violence is advantageous to maintenance a family of happiness and stable, oppose the domestic violence is advantageous to better maintenance society stabilize, help the society to develop and progress, oppose the domestic violence is advantageous to better maintenance nonage’s mind and body health, oppose the domestic violence is advantageous to reduce the influence of the person of implement violence.The third chapter of the thesis is about put forward the prevention against domestic violence of our country. Mainly are separately three of parts, with the angle of view of victim, with the angle of view of society, with the angle of view of law. With the angle of view of victim, pass four sections to carry on prevention and cure. The first, mainly is pass to strengthen women oneself character, raise the consciousness that it supports oneself legal rights. The second, proper defend, support an own human body safety. The third, divorce, request marriage indemnity. The fourth, pursue a law responsibility of the person of implement violence. With the angle of view of social, pass four sections to carry on prevention and cure. First, mainly is pass to set up a family development view that people foremost and sustainable development. Second, enhance a community service function. Third, strengthen public opinion publicity and law help of the anti-domestic violence. With the angle of view of law, mainly is to pass perfect lawmaking, enhance to enforce the law, improve judicial measure carry on prevention and cure. The perfect lawmaking can resolve to provide the most solid foundation and backing for the domestic violence problem. The perfect judicatory can resolve to provide the most emollient execution to guarantee for the domestic violence problem. Valid of the judicatory interfere the mechanism can use law to more effectively protect a victim.The domestic violence is not only a law problem but also a complicated social problem. The anti-domestic violence work of our country is also very heavy. We should pass to criminal substantial law and procedural law of perfect, enlargement pertaining to crime the prevention and cure strength of the law, call whole societies to together participate, build up whole socially help a mechanism, push our country continuously develop of human rights.

On the Prevention Countermeasures of Domestic Violence of Our Country

Abstract

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