浅谈家庭暴力的救济

Legal Remedy for Domestic Violence

家庭暴力是指行为人以殴打、捆绑、残害、强行限制人身自由或其他手段,给其家庭成员的身体、精神等方面造成一定伤害后果的行为,持续性经常性家庭暴力构成虐待。我国立法上对家庭暴力的概念进行了确立,并对其后果进行了定性。然而在实际操作中对家庭暴力救济的现状不尽人意,应建立一套包括自力救济、社会救济、司法救济在内的完整的救济机制,彻底解决家庭暴力问题。

Domestic violence refers to the illegal behaviour of the person who do physical and mental harm to a member of his family by beating,binding,tormenting,depriving or limiting a family memeber＇s personal freedom and so on.Continued and frequent dosmetic violence constitute the crime of abusing a family member.In practice the legal remedy for domestic violence can hardly offer real help for the victim though the concept of domestic violence has been confirmed by legislation in China.The remedy mechanism which include self remedy,social remedy and legal remedy should be set up to slove the problem of domestic violence thoroughly.