A brief discussion on domestic violence

----Concerns and legal thoughts on "Li Yang's domestic violence"

Abstract: With the domestic violence incident in Li Yang As the situation intensifies, the cold and cruel word "domestic violence" has once again entered the public eye. Currently, domestic violence exists to varying degrees in both developed and developing countries, which seriously disrupts family peace, undermines social stability and development, and makes women, children, the elderly and the disabled the first victims. who. Therefore, preventing and stopping domestic violence, safeguarding and protecting human rights, especially protecting women's legitimate rights and interests from a legal perspective, have become an urgent global issue that needs to be solved.

Keywords: Causes of Domestic Violence, Legal Protection, Legal Thoughts

September 4th is a crazy day, with the news that Li Yang, the founder of “Crazy English”, committed domestic violence against his foreign wife KIM , went viral on Weibo and many forums, attracting many netizens to watch. On Weibo, "Lina Hua's Mom" ??explained Li Yang's famous saying "I love to be embarrassed": I love to be embarrassed = I love to slap my wife in the face. A netizen signed "Lina Hua's Mom" ??posted on Weibo: "Li Yang, you need help. Domestic violence is a serious problem. I'm worried about my husband and the future of my family. Your children need their father. I don't Know what to do!" The Weibo post also included a photo of a foreign woman with a swollen forehead, as well as photos of injuries to her knees and ears. On Weibo, "Lina Hua's Mom" ??mostly writes in English. When translated into Chinese, the words are more plaintive, such as "It would beeasier if love had just disappeared the minute that your hand struck my face, but it did not. Seeing that you were having make up applied for TV appearancewhile I was in hospital hurts more than your slamming my head on the floor." (If love could disappear the minute your hand hit my face, everything It would be much simpler, but it's not. When I was in the hospital, you put on makeup to appear on TV. Seeing you like this hurt me more than you hitting my head on the ground.) "Li Yang's wife suffered domestic violence. "The news attracted the attention of many netizens. At the same time, it triggered people's profound thinking about domestic violence.

Domestic violence has become a global public nuisance and has attracted attention from all over the world. Statistics show that 100,000 families in China are disintegrated due to domestic violence every year; 4 million women in the United States suffer domestic violence every year; 50% of women in Bangkok, Thailand often suffer physical abuse from their husbands; 20-30% of upper-class families in Taiwan, my country There is violence. In our country, the Guangdong Provincial Women's Federation conducted a household sample survey of 1,389 families in 11 cities including Guangzhou, which showed that 29.2% of families have domestic violence, of which 79.4% have husbands committing violence against their wives. Nearly one-third of the petitions and complaints received by the Zhengzhou Women's Federation in the past three years were domestic violence cases. Only by understanding the causes and current situation of domestic violence can we take appropriate measures to prevent, treat and ultimately eradicate domestic violence.

1. Causes of Domestic Violence

In our country, domestic violence is generally believed to refer to violence, coercion, and violence by family members in a family based on marriage, blood, and legal relationships. , torture or other means of violence against family members’ physical, mental and sexual rights. At present, Article 1 of the "Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China and the People's Republic of China" by the Supreme People's Court of our country explains that "domestic violence refers to the perpetrator's use of beating, binding, mutilation, Behaviors that forcibly restrict personal freedom or use other means to cause certain harm to the physical, mental, and other aspects of family members.

There are many reasons for domestic violence. Based on China's national conditions, the reasons can be summarized as follows:

1. The remnants of thousands of years of feudalism, the idea of ??male superiority, female inferiority, and patriarchal dominance

In China’s feudal society that has existed for thousands of years, the ancient adage “the husband is the guide for his wife” has been deeply ingrained in some people’s minds. Although the laws of New China stipulate the principle of equality between men and women, the concept of "husband's rights" cannot be changed in a short time. Moreover, the age-old motto of "men are at home and men are at home" has always controlled some people's thinking. Under this concept, women's all-round development is suppressed and they naturally have to rely on men; men themselves also think that they are the masters of the family. The idea of ??shouldering the burden of supporting the family has destined men to have the final say in the family. At the same time, the idea of ????preferring boys over girls is also highlighted in domestic violence. Among cases of abuse by husbands, a considerable proportion of cases occur because the wife fails to give birth to a boy or the woman loses her fertility.

2. Reasons related to marriage and family personality

The quality of marriage is poor and the foundation of marriage is not solid. The relationship between husband and wife is in a state of looseness and hatred, which lays the hidden danger for the occurrence of domestic violence. Such as the interference of a third party and the phenomenon of mistress. When other family members cannot tolerate bad habits such as alcoholism, drug abuse, gambling, etc., they may take extreme actions. Domestic violence that occurs due to psychological abnormality can be divided into: a ruthless abnormal personality, where children are often the main targets of domestic violence; a paranoid abnormal personality, which easily suspects the spouse of being unfaithful and takes violent actions to "educate" the spouse.

3. The legal awareness is weak and the victims are weak and will not protect their legitimate rights and interests

People’s legal awareness is not strong and is closely related to domestic violence. They usually It is believed that fighting between husband and wife is not illegal. Ordinary citizens think that a fight between a couple is a private matter. They say: "It rains from the sky and flows from the ground to the ground. When a couple fights, they do not hold grudges. They eat from the same pot during the day and sleep on the same pillow at night." Often between husband and wife. When there is a fight, neighbors and friends try to persuade them to settle the matter; while grassroots cadres try to reduce the big issue to trivial matters. Even if a couple fights and calls the police, the same thing happens when the police come. They believe that "it is difficult for an upright official to resolve household matters." The failure to comply with the law and the lack of justice in handling the problem have resulted in domestic violence not only not being effectively stopped, but also increasing the prestige of the perpetrators.

4. my country’s legal aid is slightly weak

my country’s current laws are passive and passive in combating and controlling domestic violence. Although family members who have been abandoned, abused or injured have been included in the However, these cases are only private prosecution cases, and the judicial authorities will ignore the complaint. Only when serious injury or death is caused, the judicial authorities will take the initiative to investigate. Then, when there are cases of less than serious injury, the injured party is frightened by the power of the strong. If you don't dare to report, the judicial organs will never meddle in "nosy business." Most cases of domestic violence are reported to the grassroots judicial departments, and they are dismissed as "domestic affairs are difficult to manage". The offender will not be subject to any restrictions or sanctions, and the rights and interests of the victim cannot be effectively protected by law. After returning home, Retaliation forces the victim to swallow his anger, making the offender even more fearless.

2. The current status of my country’s legal system regarding domestic violence

my country’s current laws to combat domestic violence include: The Law on the Protection of Women’s Rights and Interests stipulates that “discrimination, abuse, and mutilation of women are prohibited” Article 3 of the "Marriage Law" stipulates that "women's life and health are inviolable" and "domestic violence between family members is prohibited." When committing domestic violence or abusing family members, the victim has the right to make a request, and the neighborhood committee, villagers committee, and unit should dissuade and mediate. For ongoing domestic violence, the victim has the right to make a request, and the neighborhood committee and villagers committee should provide assistance. Dissuade; the public security organs should stop domestic violence or abuse of family members and if the victim requests it, the public security organs should impose administrative penalties in accordance with the legal provisions on public security management penalties.

"At present, although my country's Constitution, Criminal Law, Marriage Law, Law on the Protection of Women's Rights and Interests, and Regulations on Public Security Administration Penalties have prohibitive provisions on domestic violence, they lack clear identification and Sanctions clauses, penalties and compensation clauses in the civil law are insufficiently based, and there is no punishment for crimes such as "domestic violence" in the criminal law, making it impossible to pursue legal liability for injuries that are less than minor injuries. These provisions are less operable for domestic violence. Punishment is weak and there are no special evidence laws and regulations for domestic violence.

3. Legal reflections on anti-domestic violence

1. Strengthen anti-domestic violence legislation and prevent domestic violence in accordance with the law. . Starting from the needs of social development, our country should plan anti-domestic violence legislation as a whole, which can be done from two aspects: improving the existing legal system, increasing the content and intensity of anti-domestic violence and establishing an "anti-domestic violence" with Chinese characteristics. Violence Law. From the perspective of protecting the legitimate interests of family members, we should scientifically define the behavior of domestic violence and provide necessary legal intervention, strengthen the crackdown on domestic violence, and prevent the expansion of the harm of domestic violence through sound laws. .

2. The police force plays a special role in domestic violence. After years of efforts, our country has formed a diversified domestic violence prevention and treatment mechanism. The positive role of these institutions is obvious, but the coordination is not enough. Coordination, from the current point of view, in order to strengthen the handling mechanism of domestic violence, it is also necessary to strengthen the role of the police in dealing with domestic violence. In real life, the public security and judicial organs should severely crack down on the conduct of domestic violence that constitutes illegal crimes: Those who have a motive for murder but have not yet committed the crime can be detained by public security and educated while in custody.

3. Promote social morality, strengthen moral education, improve the quality of the whole people, and establish good habits. This form of educational activities strengthens the moral education of the people, accurately prevents, reduces or even eliminates domestic violence against women. Through education, with the help of the power of public opinion, we advocate good marriage morals, etc. to stop and eliminate domestic violence against women, so that it will no longer occur. Moral people receive due public condemnation, and at the same time, through education, everyone understands the importance of respecting each other's personality and dignity, and fully realizes that only those who respect others can gain others' respect for their own personal dignity. Through various channels, we can provide "self-esteem", "confidence", "self-reliance" and "self-improvement" education to women, a vulnerable group, so that they can improve their own quality, have independent personality and dignity, and fundamentally get rid of domestic violence.

The author believes that perfect legislation can provide the most solid foundation and backing for solving the problem of domestic violence, and perfect judiciary can provide the most powerful execution guarantee for solving the problem of domestic violence; an effective judicial intervention mechanism can Use the law to create a blue sky free of violence for victims. Take the occurrence and intensification of domestic violence seriously, use legal means to deal with perpetrators correctly, and strengthen legal education for perpetrators and victims. Domestic violence will be stopped and society will be better. It will be more harmonious.

References:

1. Jiang Shan: "Why the shadow of domestic violence persists", "Bangtuan Labor Movement", Issue 1, 2006

2 , Ding Haixia: "Manifestations and Prevention of Domestic Violence", "People's Liberation Army Health", Issue 3, 2006

3. Li Siqi: "On the Characteristic Causes and Solutions of Domestic Violence", "Legal System and Society" ", Issue 3, 2009

4. Zhang Xiuling: "Analysis of Domestic Violence in Rural Areas", "Gansu Agriculture", April 2007 Edition

5. Zhao Liwei: "About Domestic Violence "Legislative Thoughts", "Theoretical Research", Issue 2, 2005