论我国夫妻之间家庭暴力受害者救济措施

发布时间：2018-03-29 10:19

本文选题：夫妻家庭暴力　切入点：家庭暴力受害者　出处：《青岛大学》2017年硕士论文

【摘要】：近年,我国家庭暴力事件受到大众的广泛关注。由于我国国情和传统观念的影响,我国夫妻之间的家庭暴力犹为多发、普遍。最初我国夫妻之间家庭暴力事件并未受到社会的关注,而多是被认为家庭内部事情,在未造成严重后果时,警察等外界力量并不干预介入。受暴者法律意识淡薄,不知如何维护自身的合法权利,只能采取息事宁人的隐忍态度,以致家庭暴力事件愈发严重、反复多发。但是,我国首部专门针对家庭暴力的法律《反家庭暴力法》的颁布,首创了具有里程碑意义的人身安全保护令制度、强制报告制度、告诫书等制度。但作为一部新颁布的法律和新创的制度,在其具体适用过程中,还存在许多不足的地方。笔者通过分析大陆法系和英美法系中具有代表性的国家和我国港台地区在夫妻之间家庭暴力工作上的先进经验,着眼我国具体国情,分析我国针对夫妻之间家庭暴力受害者依法救济措施存在的不足,从法律规定、配套措施、外部干预机制、夫妻双方自身几个方面,提出改进措施,提高我国对夫妻家庭暴力受暴者救济措施的效力。
[Abstract]:In recent years, domestic violence in our country has received extensive attention from the public. Because of the influence of our country's national conditions and traditional concepts, domestic violence between husband and wife in our country is more frequent. At first, the incident of domestic violence between husband and wife in our country was not concerned by the society, but was mostly considered to be a matter within the family. In the absence of serious consequences, outside forces such as the police did not intervene. The victims' legal awareness was weak. If we do not know how to safeguard our legitimate rights, we can only adopt a calm attitude, resulting in more and more domestic violence incidents. However, the first law on domestic violence in China, "the Law against domestic violence", was promulgated. A landmark system of personal security protection, mandatory reporting, and a letter of caution was first created. However, as a newly promulgated law and a newly created system, in the course of its specific application, Through the analysis of the advanced experiences of the representative countries in the continental law system and the Anglo-American law system and the Hong Kong and Taiwan areas in China in the work of domestic violence between husband and wife, the author focuses on the specific conditions of our country. Based on the analysis of the shortcomings of the legal relief measures for the victims of domestic violence between husband and wife in China, this paper puts forward some improvement measures from the legal provisions, supporting measures, external intervention mechanisms, and some aspects of the husband and wife themselves. To improve the effectiveness of relief measures for domestic violence victims of marital violence in China.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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