家庭暴力之民法规制分析-民商法学专业论文.docxVIP

PAGE PAGE 1 Abstract To control domestic violence and reconstruct equal family status as well as harmonious family relationship，it has become a common practice for the various countries to make legal regulations for domestic violence. However，the legal regulations for domestic violence involve extensive range including civil and criminal aspects，while civil law regulation is only the main contents. Though China has carried out relevant civil legislation and judicial work to process the domestic violence problem，current civil law regulation system for domestic violence is not complete. On the one hand，without forming a uniform style，the civil law regulations for controlling domestic violence are scattered in different laws and regulations. Moreover，most of these regulations are principles without strong operability. Thus，they are difficult to adapt to the needs of juridical practice. On the other hand，as for the victims of domestic violence，the juridical relief approaches are not smooth，and the relief measures are quite limited. Consequently，the legitimate rights and interests of the victims of domestic violence cannot be effectively protected，and the regulations can hardly play the role of resolving family contradictions and maintaining family stability. To respond to the needs of legal practice，this paper starts from the legal problems reflected in the typical cases of domestic violence to analyze and study the relevant problems in Chinese civil law regulation for domestic violence and proposes corresponding prefect suggestions for the shortcomings in the current legal system. The author hopes that this paper can be of assistance to solve practical problems in reality，feasibly guarantee the legitimate rights and interests of each member in marriage and family，and create harmonious and orderly social environment. Except the introduction and conclusion，this paper can be divided into five parts，which are around 20，000 words. The first part is the raise of the probl