Please wait a minute...
Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2010, Vol. 5 Issue (2) : 302-318    https://doi.org/10.1007/s11463-010-0014-3
research-article
Legal Countermeasures for Domestic Violence: From the Perspective of Family Law in China
Jia Hao()
School of Civil, Commercial and Economic Laws, China University of Political Science and Law, Beijing 100088, China
 Download: PDF(220 KB)   HTML
 Export: BibTeX | EndNote | Reference Manager | ProCite | RefWorks
Abstract

Domestic violence, as its great harm to family members and family relationship, is one of the important issues to be tackled by family law. In this regard, China’s Marriage Law mainly adopts non-litigation measures, including dissuasion and curb of perpetrators, mediation for the parties concerned and imposition of administrative punishment. From the legal techniques in family resource sharing, the diversity of interests within a family, the complexity of family relationships and the privacy of family determine the non-antagonistic, nonlinear and non-proactive measures for adjusting family relationship. Further, in the principle of “family priority based on personal independence” and with the prerequisites of the prevention framework set up in the Marriage Law, it is suggested to make restrictive provisions on parental rights in protecting the minors, fully utilize the current civil mediation system to settle family disputes, and set up a system of “personal protection and behavioral correction.”

Keywords domestic violence      family priority      dispute settlement      non-litigation settlement mechanism     
Corresponding Author(s): Jia Hao,Email:haojia1204@163.com   
Issue Date: 05 June 2010
 Cite this article:   
Jia Hao. Legal Countermeasures for Domestic Violence: From the Perspective of Family Law in China[J]. Front Law Chin, 2010, 5(2): 302-318.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-010-0014-3
https://academic.hep.com.cn/flc/EN/Y2010/V5/I2/302
Viewed
Full text


Abstract

Cited

  Shared   
  Discussed