域外警察介入家庭暴力法律制度架构之探析

Exploration & Analysis on Legal Regulations’ Establishment of Police’s Interference in Domestic Violence in Foreign Country

20世纪70年代以来,家庭暴力问题日益受到国际社会关注。为了应对这一跨越国界、人群的全球性问题,西方许多国家全面展开防治家庭暴力的法律改革,其中警察介入家庭暴力已经形成了比较完善的法律规制体系。无论在基础理论领域,还是在刑事立法和司法政策方面均有重大的发展与突破。警察有权主动介入家庭暴力,对家庭暴力的受害者采取特殊保护措施,对施暴者采取限制措施。警察对家庭暴力实施者的逮捕权也不断扩大。

Domestic violence problems have drawn more and more attention from international society since 1970s. To handle this transnational universal problem, a lot of western countries carried out legal reforms to prevent and administrate domestic violence. One is police＇s interference in domestic violence which has formed a comparatively integrated legal regulation system that has significant development and breakthrough not only in basic theory areas but also in the aspects of criminal legislation and judicial policies. The police have rights to interfere in domestic violence on their own initiative, take special measures to protect the victims and to restrict the offenders. Police＇s arrest rights against domestic violence are enlarged constantly.