警察机关干预家庭暴力法律问题的几点思考

Reflection on the legal issues concerned with police's intervention in family violence

我国现有的警察机关干预家庭暴力的法律法规存在着重事后处置,忽视事前预防,重行政、刑事处罚,忽视民事责任承担等问题,因此,必须予以完善。应充分运用好现有的授权性规范,强化警察机关干预家庭暴力的责任意识;协调相关立法,增强可操作性;处理好隐私权与知情权、公力救济与当事人救济申请主动权之间的关系。

Laws and regulations concerned with police's intervention in family violence in China always put emphasis on the subsequent treatment, and in contrary often overlook beforehand prevention. In the laws and regulations administrative and criminal punishment has been paid enough attention but the issue of who should take the civil responsibility is always overlooked. In a word, these laws and regulations must be revised in a consummating way. The authorized standards need to be made use of appropriately in strengthening responsibility consciousness for police' s intervention in family violence. Besides, a harmonious arrangement among the legislatures concerned with, and a stronger character of operation in laws are also necessary. The relations between private rights and informational rights, and between public rescuing and application rights of the concerned person should be treated to meet the requirements.