家庭暴力的法律规制与道德救赎

Legal Regulation and Moral Salvation in Domestic Violence

家庭暴力产生的前提和基础是尊卑身份和人格差等。要阻却家庭暴力,必须以身份平等和人格平等为伦理依据和法律依据。要规制家庭暴力,必须关注国外关于家庭暴力立法的经验,创设遏制家庭暴力的干预机制。同时,要对家庭暴力行为进行救赎,即遵守亲缘伦理,加强道德自律;遵守配偶伦理,加强道德教化,以创建平等、和谐、健康的婚姻家庭关系。

Family violence has a long history within the human experience. The underlying cause of family violence is the hierarchy of identities and differences in personality. Equality of identities and personality should be treated as the ethical and legal basis in order to prevent family violence. Much attention should be paid to foreign legislation on domestic violence and intervention mechanisms should be set up to regulate occurrences. Meanwhile, redemptive measures should also be conducted such as teaching those involved to be ethical, to strengthen moral self-discipline, to abide by the spousal ethic and to strengthen moral education in order to establish egalitarian, harmonious and healthy marriages and families.