论性暴力是家庭暴力的行为类型——以《反家庭暴力法(草案)》为例

Sexual Violence Is a Type of Domestic Violence:Based on the Draft Anti-Domestic Violence Law

将"性暴力"作为独立的家庭暴力行为类型是世界上大多数国家或地区的共识,也是不同学科的共识。现有准法律文件中承认"性暴力"是家庭暴力的行为类型,应当总结该司法实践经验,将其上升至立法的层面。"性暴力"不仅是对家庭权利束的侵犯,还是矫正绝对家庭自治的突破口,理应成为家庭暴力的行为类型。因此,在反家庭暴力立法中应明确界定身体暴力、精神暴力和性暴力,并增加一款"反对一切形式的家庭暴力",以宣示公权力对家庭暴力介入的态度。

＂Sexual violence＂ as an independent act of domestic violence has been commonly recognized by not only the majority of countries and regions in the world but also by different academic disciplines. Currently in China, given that there is recognition of it as an act of domestic violence in existing quasi legal documents, it is high time to assess the related judicial experiences and adopt a law governing on the issue. ＂Sexual violence＂ is not only an abuse of rights and interests in the family but also a lost of self independence in the family. Thus, recognizing that sexual violence is an act of domestic violence. The law should provide clear definition of physical, psychological and sexual violence and add an article on the prohibition of all forms of domestic violence so as to declare the will of the public to stop domestic violence.