制定警察机关防治家庭暴力规范问题研究

On Constituting Regulations of the Police's Function in Preventing Domestic Violence

目前,社会公众要求警察机关干预家庭暴力的呼声愈发强烈,在这种形势下,警察机关制定防治家庭暴力规范时应注意:防止将警察职权过度强化;需处理好救济申请主动权与公力救助、隐私权与公权力干预之间的关系;要分析对比不同法系、不同国家的具体制度以保证有的放矢。同时,应本着依法积极干预,妥善处理、不激化矛盾、预防为主、救助为先、相互协作的原则,以形成中国本土化的警察机关干预模式。

In recent yeats, the public expectation of the police as a judicial department in preventing domestic violence has been higher than ever before. Under the present circumstance, the police should consider the following elements when constituting regulations in preventing domestic violence, which include avoiding abusing police power, balancing the relation between the judicial aid and the will of the victims of domestic violence, managing the relation between the victims＇ privacy and the intervention of the judicial department, and analyzing the difference between different legal systems and social systems in different countries to ensure the feasibility of the regulations. Meanwhile, to establish a Chinese mode of the police＇s function in preventing domestic violence, the following rules should be complied with, which include preventing domestic violence actively by the law, managing the cases and the conflicts pmporly, giving priority to the preventing measures and legal aid, and cooperating with each other.