南非《家庭暴力法》探析.pdfVIP

Abstract South Africa passed the Domestic Violence Act in 1998 to combat the increasingly serious domestic violence. At the same time, South Africa has ratified the Convention on the Elimination of All Forms of Discrimination against Women during 1995, so the object of my study is the Domestic Violence Act of South Africa. First I will introduce the legislative background and the legislative object of this Domestic Violence Act. For one thing the legislative background includes the social background of the law, it shows that the Domestic Violence Act is very helpful to eliminate the serious domestic violence in South Africa. For another thing, the legislative background includes the legal background, such as the Prevention of Domestic Violence Act and the draft of constitutional rights. In addition, this part also will introduce the object of this legislation is primarily to prevent, combat the domestic violence, and to help the victims of domestic violence. Then I will focus on both substantive and procedural law of the Domestic Violence Act. Of substantive law I will introduce the rights and obligations of the parties, the victims aid. And of the procedural law I will introduce the protection order application, the jurisdiction of the court and the penalties. After that I will focus on the defects of the Domestic Violence Act. Although the Domestic Violence Act is comprehensive enough, it doesn’t focus on the sexual violence and the assistance of the victim. In a word, this act has some shortcomings, but it really helps women to combat the domestic violence Key words ：Domestic violence; protection order; arrest; legal aid II