《家庭暴力防治法》立法问题研究

Research on Legislation of Family Violence Prevention and Control Law

目前,我国家庭暴力问题令人担忧,其中重要原因之一是我国现行法律在规制家庭暴力方面存在不足。应制定专门《家庭暴力防治法》,明确《家庭暴力防治法》在法律体系中的地位,明确家庭暴力举证的特殊要求,明确相关机构干预家庭暴力的责任,明确规定施暴者的法律责任,在立法时并对弱势群体有所倾斜。

At present, the current situation of China＇ s family violence is worth of concern. One of the most important reasons for that is the deficiency in regulating family violence in the current law. Following suggestions were raised on how to draft the family violence prevention and control law at the end of the article. Firstly, it is crucial to clearly define the status of Family Violence Prevention and Control Law in the social legislation system. Secondly, to define the special requirements of family violence on onus of proof. Thirdly, to state the liability of relevant institution in intervening family violence. Fourthly, to clearly regulate the legal liability of family violence principal. And lastly, in the proces of legislation, it is necessary to give preferences to the disadvantaged group.