In recent years, domestic violence cases in China are on the rise. According to statistics, more than 300 million people in China have suffered from domestic violence. China's Anti-Domestic Violence Law stipulates that domestic violence is prohibited. However, in practice, this provision is often abused and even becomes a weapon for some people to fight against domestic violence. In fact, the anti-domestic violence law stipulates "six prohibited situations" (prohibiting domestic violence), which gives anti-domestic violence two special meanings from the perspective of protecting the rights and interests of family members: first, protecting personal safety; The second is to protect the rights and interests of women and children.

First, the relevant provisions of the "six prohibitions"

The specific situations of "six prohibitions" stipulated in China's Anti-Domestic Violence Law include: first, violence between family members; Second, violence between people who live together other than family members; Third, family members continue to frequently commit other forms of violence, including beating, binding, mutilation, restriction of personal freedom and frequent abuse and intimidation; Fourth, the implementation of the wall between family members or other means that are obviously not conducive to the abused and intimidated people to get in touch and rest, limiting their personal freedom; Fifth, family members violate the obligation of safety protection, resulting in serious consequences and other situations that seriously affect their normal lives. In addition to domestic violence, many minors are often mentioned as suffering from school violence and psychological counseling. In fact, this is a question of raising possible domestic violence to the legal level. It is neither a "housework" nor an "extra-legal place", and it is not the proper meaning of a country ruled by law. Judging from the current legislative and social environment in China, the legal system of anti-child violence in China is not perfect and the legislation is not perfect enough; Law enforcement is not in place; The relevant measures are not perfect; Minors lack valid evidence when they are illegally infringed. To some extent, this affects the balance between legal effect and social effect, which is not conducive to the comprehensive prevention of children's domestic violence and the maintenance of children's legitimate rights and interests and healthy growth order. Therefore, it is very important and urgent to take timely and reasonable measures to protect children from domestic violence.

II. China Women's Law Against Domestic Violence

The Law on Women's Anti-Domestic Violence was adopted at the 18th meeting of the Standing Committee of the 12th NPC on June 29th, 20 1 1, and came into force on June 29th, 201/. The law consists of nine chapters and seventy-seven articles, which defines the concept of "domestic violence", brings domestic violence into the scope of government functions, and stipulates the responsibilities of relevant departments to prevent and stop domestic violence; Prohibition of normal relations between men and women; Prevent and stop domestic violence. This law provides legal protection for China's anti-domestic violence work, and clarifies the unshirkable responsibilities and obligations of government agencies in preventing and stopping domestic violence: (1) Preventing and stopping domestic violence; (two) to organize and guide domestic abusers and victims to protect themselves according to their respective responsibilities; (3) Supervising domestic abusers to correct their mistakes; (4) Help prevent and stop domestic violence; (5) Assisting victims to apply for habeas corpus; (6) to assist the victim to file a divorce lawsuit with the people's court; (7) Help victims to collect and preserve evidence; (eight) to assist the victim to bring a civil lawsuit to the people's court and execute a civil judgment; (9) Legal provisions help victims to apply for judicial assistance; (10) Assist the victim to seek psychological counseling, etc. Prior to the promulgation of this law, China had not promulgated a special law on domestic violence-People's Republic of China (PRC) Anti-Domestic Violence Law (hereinafter referred to as the Anti-Domestic Violence Law). So it took the country more than two years to make this law.

Three. Main measures to protect women's rights and interests and children's rights and interests

Domestic violence includes physical violence and sexual violence. "Domestic violence" refers to the physical and mental violations committed by family members through beatings, binding, mutilation, restriction of personal freedom, and frequent abuse and intimidation. The Anti-Domestic Violence Law clearly stipulates that the provisions of the preceding paragraph shall not apply if the act of "committing domestic violence" causes serious consequences; If a crime is constituted, criminal responsibility shall be investigated according to law. Violence between people living together other than family members also belongs to the scope of "suffering from domestic violence", and the provisions of the preceding paragraph can be applied. In this regard, people's governments at all levels should promptly deal with key issues that are strongly reflected by the masses in accordance with the law and release relevant information to the society in a timely manner. The specific measures shall be formulated by the State Council. Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Safety Protection Orders stipulates that the people's court shall make a decision on whether to prohibit the wife or parents from applying for personal safety protection orders within six months from the date of receiving the personal safety protection orders, and the required evidence is conclusive and concrete, which shall be confirmed after investigation and verification by the traffic management department of the public security organ or other relevant units according to law.

Four. Publicity and education system against domestic violence

There has always been a serious educational gap in China's anti-domestic violence publicity and education, which is mainly manifested in insufficient publicity and education. In some places, there is a lack of education for domestic violence and young students. Domestic violence and young students show different degrees of insecurity and lack of self-protection awareness in social life. In addition, the lack of legal awareness of the perpetrators and their families makes the victims afraid to bring a lawsuit to the court. In view of this situation, the Anti-Domestic Violence Law clearly stipulates six prohibited situations. Law is the most powerful weapon to prevent and stop domestic violence. Therefore, we must stop and eliminate the phenomenon of "domestic violence" from the source, effectively protect the legitimate rights and interests of women and children, and promote and guarantee a healthy, harmonious and stable situation.