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The Criminal Law Theory of Family Violence

Author: XiaoFeng
Tutor: MaSongJian
School: Zhengzhou University
Course: Legal
Keywords: Domestic Violence Crime Criminal regulation
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 171
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Abstract

Hegel's \After changing times, domestic violence is still chronic illness is not based, timeless. Prevent and combat domestic violence, is common to all humanity cries. Based on the legal protection of fundamental human rights and to promote the modernization of considerations, combined with China's reality, learn from foreign experience, the problem of domestic violence criminal regulation was discussed, is divided into seven parts: The first part is the introduction. Through the current situation and characteristics of domestic violence brief, demonstrated the necessity of regulation of domestic violence. Also pointed out that criminal law and mandatory for its harsh qualities ought to curb domestic violence as the optimal choice. The second part is the origin of domestic violence. This paper argues that the incidence of domestic violence in addition to the feudal family values, family ethics of anomie, the perpetrator a sense of law and social indifference and other reasons, but also by social change factors, life stress factors, income disparities factors, individual personality factors and Judicial missing factors. The third part is the definition of domestic violence. This paper argues that the precise definition of domestic violence is the study of family violence criminal regulation theory basis points. By examining international organizations, countries and China's current legal provisions on domestic violence, domestic violence is raised spouse, parents, children or other close relatives, between the implementation of the implementation of the damage or the threat of physical, mental, sexual or property behavior. The fourth part is constituted a crime of domestic violence and identified. This paper argues that the crime of domestic violence on the identification should be based on domestic violence meets the standard for judging the elements of the crime. On the identification of marital rape, and that the marriage relationship is normal, the husband against the wife will, forced sexual relations with them, and generally should not be treated as rape; However, in exceptional circumstances, may constitute the crime of rape or other criminal . On maltreatment and deliberate assault on the identification of that sin should be two objective aspect, the perpetrator and the victim in the family relations, subjective distinction between intentional content. The fifth part is the criminal responsibility of perpetrators of domestic violence. This paper argues that domestic violence crime should be severely punished, but should be considered legal or discretionary leniency plot. In the identification of domestic violence, self-defense, and that the criminal law should be strictly in accordance with applicable. On \Part VI is a crime of domestic violence Criminal Legislation. Pointed out that there is no existing criminal legislation set of specialized domestic violence-related crimes and two inadequate regulatory system is imperfect, recommendations introduction of \system to increase eligibility criminal domestic violence, specifically domestic violence litigation burden of proof system and so on five aspects of the legislative proposals. Part VII concludes. This paper argues that studies on domestic violence, criminal regulation issues, responding to domestic violence, social violence is different from the characteristics to be fully taken into account only in the fundamental principles of criminal law to the extent permitted, to maximize the protection of the vital interests of victims of domestic violence, more clearly criminal responsibility of perpetrators of domestic violence as defined in order to make criminal law into full play the role of the guidelines, thereby reducing the incidence of domestic violence.

The Criminal Law Theory of Family Violence

Abstract

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