论家庭暴力的法律救济-法学专业论文.docxVIP

论家庭暴力的法律救济 论家庭暴力的法律救济 PAGE PAGE 5 6 6 足，分别从立法、执法和司法三个角度提出家庭暴力法律救济的一些建议。 关键词：家庭暴力；法律救济；防治；干预 西南政法大学硕士学位论文 Abstract Domestic violence as a worldwide common phenomenon, is not only a social problem , but also a legal issue. Nowdays, many countries and regions in the world have got experience and achievements in theory and practice of law on domestic violence remedies. China also has set up a preliminary legal system against domestic violence. With analysis of the anti-domestic violence legislation, and its practice in the United States, Britain, Canada and Chinas Taiwan region as well as analysis of the practice and experience in China and some local practices, the article proposes some relevant suggestions to improve and optimize the relevant legal system in China, as soon as possible to form a suitable legal remedy system against domestic violence in China ,and give reference to Chinas anti-domestic violence process. Thus, it will be conductive to the harmonious society on the basis of building a harmonious family. The whole thesis consists of 6 parts inclding an introduction and a conclusion, altogether about 15 thousand words approximately: The Introduction is a brief description of the current status of this study, research methods and innovative points. The first part introduces the basic theories of domestic violence. This section is defines the concept of domestic violence. First, it lists the concept of domestic violence in the world, as well as our definition of domestic violence in China. The concept of domestic violence interpreted by the Supreme People’s Court in 2001 has often used in the judicial practice. But scholars have many different opinions about the definition. Then, this paper generalizes legal characteristics of domestic violence from the perspectives of the subject, object, subjective aspect and objective aspects. Finally, according to the different manifestations of domestic violence, the author classify Domestic Violence from the means an