Feminism originated in the west and was interpreted as a social theory and political movement with female experience as its source and motivation. -feminism, which first appeared in France, means women's liberation, and then spread to Britain and the United States, gradually becoming popular. It was introduced into China during the May 4th Movement and was designated as feminism. In the west, it initially refers to the pursuit of equality between men and women, and the first is to fight for the right to vote. In the 1920s and 1930s, women in western countries basically gained equal political rights, but they were still unequal to men in social life and people's ideas. Feminists began to realize that there was a problem of gender relationship and gender power, so the feminist movement became an analysis of why men and women are unequal and the power structure between men and women, emphasizing gender analysis. In China, it is also recognized that we should not talk about women's rights first, but also talk about gender analysis. From feminism to feminism, there is no essential difference, just a deeper understanding. At present, feminism is widely used in China. It is of great significance to study gender power with gender, and it is easy to accept it with feminism. Feminism is a combination of theory and practice, a belief and ideology of equality between men and women, aiming at opposing all inequalities, including gender discrimination.

China's feminism refers to a kind of female thought, social speech and political auxiliary behavior that women strive for equality with men and embody women's self-spirit and energy. Gender equality is the most basic goal of feminism. While striving for equality with men, women should also pay attention to self-expression, show their unique charm, tap and exert women's social strength, strive for the liberation of women's thoughts and behaviors at all levels of society, put the interests of women all over the world at the same starting point, and assist the government in dealing with the problems faced by feminism.

Feminist theory

To sum up, feminist philosophy mainly focuses on the following ten aspects: theoretical issues of common concern and the application of various successful theories:

1. Feminism finds that women's underground status and tragic situation are not what male rulers say, nor are they taken for granted. Whether it is women's gender, or women's social status, identity and role. It is given by the uneven reality of society. Women are constructed and have no power and ability to choose;

2. The lack of women's existence. In the research, people found that women are everywhere in this society. They just don't exist and are subordinate and obedient to men. The absence of women is caused by the domination of male power and unreasonable history in society and the lack of expressive existence of human beings as a whole.

3. The practice of women's rights: economic rights, political rights and legal rights. Equality between men and women is first of all equality of power, and the awareness of equality of rights between men and women and real equality of power are very important. However, to this day, the situation that women's rights are excluded and trampled on is still unexpected and very serious;

4. Women's safety is not guaranteed and they need warnings and social protection measures; Women are often attacked and harassed by men at home or in public places; The male-centered single-sex rule treats women and the weak in a coercive and authoritarian way, which leads to the disaster of female sexual terrorism.

5. Women's creativity is suppressed and ignored. Women are the great force of human cultural creation, but their creativity has been ignored. What's more, women's creativity and creation are seized by men and become their own; The suppression and plunder of women's creativity is caused by the unreasonable state of society. This is the loss of society and the misfortune of all mankind;

6. Women's conscious self-consciousness and subjectivity establish women's liberation and free development, which is not only a social problem, but also a problem of women themselves, and needs self-awakening and self-conscious development. As the main body of creative practice, women are often not recognized. Only by relying on women's self-improvement and self-struggle combined with social movements can we succeed.

7. Women's humanitarian justice exposes the fact that women are discriminated against, and at the same time, women bear the responsibility of realizing real justice, fairness, freedom and fraternity of mankind. Including women and nature, human culture and national culture, individuals and the whole, should be treated with humanitarian justice.

8. It is urgent to realize the reorganization of women's organizational structure in order to protect women anytime and anywhere. However, when women's rights and interests are hurt, there is no fair channel to seek and no support from social forces; It can be said that social organizations and male abusers have become accomplices, even conniving and fostering traitors, which is the support for men's guilt of hurting women; Women's organizations are not only women's federations, but also courts, public security and all social organizations.

9. Female discourse right, discourse subject and discourse practice: Because male discourse and male domination do not contain female rights, women do not exist in them. Moreover, male discourse and discourse style are full of destructiveness and compulsion of war and violence. Women must create women's discourse right for their own rise and the development prospect of mankind, become the main body of women's discourse practice, and build a brand-new humanitarian world in an inclusive and harmonious way.

10, feminists found that women don't live in this world, and the people who occupy this world kingdom are men. Such a large group of men, whether white or not, have wealth. The world's potential reputation, authority, security and fair return, and the recognition of a person's identity and ability are such a world. Some people's behavior habits are just like their innate conditions, depending on their differences. It is not determined by the basic situation of human nature in this society. The privilege of status and intention exists in other things as well as in sex. Therefore, women's development lies in self-identity and social identity, so as to gain their due position and foothold in society. Women's liberation, freedom and development is a trilogy of feminist development, which comes down to women's development and the creation of women's culture, thus helping the whole mankind to get out of the crisis and gain broad development prospects.

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abstract of a thesis

Family is the cell of society. A harmonious, peaceful and warm family is not only an important part of the happiness of every family member, but also the foundation of social stability. However, at present, domestic violence exists to varying degrees in both developed and developing countries. The existence of domestic violence has seriously disturbed the peace of the family, undermined the stability and development of society, and made women, children, the elderly and the disabled the first victims. Therefore, preventing and stopping domestic violence and safeguarding human rights, especially the legitimate rights and interests of vulnerable groups such as women, have become a worldwide issue to be solved urgently.

This paper tries to talk about some humble opinions on the concept, causes, hazards, rescue measures, legal responsibilities and countermeasures of domestic violence, in order to enhance the public's sensitivity to domestic violence, give victims more comprehensive and specific protection, and thus achieve better social effects.

Keywords: domestic violence and abuse

I. Overview of domestic violence

Judging from the situation reported by various media in China at this stage, domestic violence has become increasingly prominent. As the executioner who seriously disturbs the family and social peace, domestic violence has attracted more and more attention, especially the Marriage Law revised in 200 1 clearly stipulates that "domestic violence is prohibited".

The concept of domestic violence

At present, there is no accepted definition of what is domestic violence. However, in foreign laws, especially in laws and regulations to stop domestic violence, most of them adopt the broad concept of domestic violence, that is, domestic violence is a violent act between family members, which causes physical or psychological harm to one of them. Form can be divided into physical violence, verbal violence and sexual violence; Victims include spouses, ex-spouses, children, parents, brothers and sisters, cohabiting partners and former cohabiting partners; The degree can be divided into mild, moderate and severe. In short, any behavior that causes damage and injury to family members can be included in the category of domestic violence.

The concept of domestic violence was introduced into China in the early 1990s. The prohibition of domestic violence in the current marriage law is the first time that domestic violence has appeared as a legal concept in China. At present, there is no definition of domestic violence in our laws and regulations. In practice, the so-called domestic violence adopts a narrow concept, which mainly refers to physical violence against family members and mental harm caused by it, such as beating, binding, restriction of personal freedom, sexual abuse and so on. The victims are spouses, children and parents, most of whom are women, children and the elderly. 200165438+On February 24th, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) clearly defined the narrow concept of domestic violence at the judicial level: it refers to the physical and mental harm caused by the perpetrator to his family members by beating, binding, maiming, forcibly restricting personal freedom or other means.

(B) the characteristics of domestic violence

1. The perpetrator of domestic violence has a specific kinship. The abuser and the victim are closely related, and most of them are family members living together. Among them, husband's violence against his wife is the most common type of domestic violence. However, violence outside a certain range of relatives, such as being a domestic servant or an employee in family business activities, cannot be regarded as domestic violence.

2. Domestic violence is hidden. Mainly manifested in (1) domestic violence occurred in the family rather than in public places, and the location was hidden; (2) Some victims often whitewash and conceal the domestic violence imposed on them based on their own face and family honor; (3) The indifference and habits of the public often make people turn a blind eye to the phenomenon of domestic violence.

3. There are various means of domestic violence, and the damage consequences are uncertain. There are various means, including beating, binding, confinement, insult, threat, mental torture and even more cruel means. The diversity of means, coupled with the actor's laissez-faire attitude towards the consequences, makes the damage consequences to the victims uncertain, sometimes light, and more often terrible.

4. Domestic violence is a worldwide problem with certain universality. The main manifestations are as follows: (1) Domestic violence exists to varying degrees in both developed and developing countries around the world; (2) Domestic violence is widespread among people of different races, nationalities, classes, religious beliefs, cultural traditions, occupations and education levels; (3) Whether in the past or now, whether in peacetime or wartime, domestic violence has never stopped.

5. Continuity and long-term nature of time. In a family where domestic violence is widespread, the violence will not only stop once or twice, but often has a certain time continuity. 6. The complexity of the causes of domestic violence. There are many reasons for domestic violence, including psychology, life, marriage and so on.

The relationship between domestic violence and abuse

1. The concept of abuse

Abuse refers to the illegal act of discriminating, torturing and destroying family members and causing them mental and physical harm. In the form of expression, there are acts such as beating, cursing and intimidation. There are also inaction behaviors, such as not letting them eat or wear, leaving them frozen and hungry, and getting sick without treatment.

2. Similarities and differences between domestic violence and abuse

The similarity between domestic violence and abuse is that they are all acts of violence between family members, and their manifestations overlap, such as mutilation, binding, beating and coercion. The essence of the two is the same, and they are both acts that cause physical or psychological harm to other family members. The difference between the two is that domestic violence may be sporadic or frequent, and it can be constituted as long as acts such as beating, cursing and mutilation are carried out. However, abuse is often long-term and requires a certain degree of continuous behavior. According to the Supreme People's Court's judicial interpretation, it is a crime of maltreatment to commit domestic violence continuously and frequently. In addition, for those who also cause serious injury or death, the punishment for the crime of injury is far heavier than the crime of abuse.

Types of domestic violence

According to different standards, domestic violence can be divided into different categories;

1. Based on the relationship between the perpetrator and the victim, domestic violence can be divided into domestic violence between husband and wife, domestic violence between parents and children and domestic violence between other relatives.

2. Based on the infringed rights and interests, domestic violence is divided into (1) domestic violence that violates the right to life and health. Drowning, abandoning, and harming family members. The so-called drowning and abandonment refers to the act of killing family members by drowning, suffocation, strangulation and starvation; The so-called mutilation refers to physical mutilation such as freezing hunger, beating, and intentional injury to limbs and organs. In addition, openly threatening the violent object with violence is manifested in threatening the violent object with language, threatening the personal and property safety of others, causing the other party to have fear and causing serious mental harm to the victim. (2) Domestic violence that violates personal freedom. Explain that the weak are bound, illegally detained, and threatened with violence to restrict the personal freedom of family members.

(3) Domestic violence against personality rights. It is manifested as punishment, humiliation and forced physical labor for family members. This is more manifested as mental injury or abuse.

(4) Domestic violence against marital autonomy. Using violence against people who are capable of marriage or threatening to treat family members with violence to get married or divorce. For example, parents or other elders forcibly arrange and interfere with their children's marriage by violence; Children interfere with their parents' marriage by violence or threats of violence.

(5) Domestic violence that violates the sexual rights of the wife or other female family members. The sexual rights of wives and other female family members are inviolable. It is violence against women's sexual rights to commit sexual acts or abuse against their wives or other female family members against their will.

(6) Domestic violence against reproductive rights and reproductive freedom. The object of violence is married women, and the perpetrators are usually husbands or other members of their families, such as in-laws and uncles. It shows that some people make things difficult for women who are barren or have girls and use violence.

3. According to the manifestations of domestic violence, it can be divided into physical violence, mental violence and sexual violence. Physical violence includes all physical attacks and restrictions, such as beating, shoving, confinement, using tools to attack, etc. And the consequences usually form trauma on the victim and are easy to find. Mental violence is an illegal act that often happens between family members and infringes on others' personal dignity. Mental torture between family members is a common form of mental violence. Sexual violence is a deliberate attack on sexual organs, forced sexual behavior, sexual contact and so on. Forcing a husband to have sex against his wife's will is the most common sexual violence. At present, most countries adopt this classification for the types of domestic violence.

Two. At present, the relief measures and legal responsibilities of domestic violence in China

Due to the particularity of domestic violence, it is necessary to have a set of solutions different from other infringements or crimes, effective rescue measures and perfect legal responsibilities.

(a) Remedial measures against domestic violence

At present, the relief measures for domestic violence in China include:

1. Rescue measures of mass autonomous organizations at all levels. The main body of this relief measure is the grass-roots mass autonomous organization. Paragraph 1 of Article 43 of China's Marriage Law stipulates that if domestic violence or ill-treatment of family members is committed, the victim has the right to make a request, and the residents' committee, villagers' committee and their units shall dissuade and mediate. In addition, women's federations, as mass organizations, also have the obligation to help women in their daily work.

2. The rescue measures of the unit. The main body of this rescue measure is the unit. For the unit, it should be understood as the unit where the offender and the victim are located. According to the provisions of Articles 43 and 44 of China's Marriage Law, the implementation conditions of the unit's rescue measures are the same as those of grass-roots mass autonomous organizations, and can only be implemented at the request of the victims, otherwise the relevant organizations may not intervene on their own.

3. Relief measures of state organs. The main body of this relief measure is the state organs. In a narrow sense, the rescue measures of state organs are the rescue of public security organs. The second and third paragraphs of Article 43 of the Marriage Law stipulate that public security organs should stop the ongoing domestic violence. If domestic violence or abuse of family members occurs and the victim requests it, the public security organ shall give administrative punishment in accordance with the Law on Public Security Administration Punishment. The public security organ shall take corresponding measures in time according to law to prevent violence from continuing and protect the personal safety and interests of the victims. In order to stop domestic violence, public security organs can take rescue measures such as criticizing and educating the perpetrators, severely reprimanding them, keeping their distance, and taking the victims or perpetrators away from the scene. "If the victim makes a request, the public security organ shall impose administrative punishment in accordance with the provisions of the Law on Public Security Administration Punishment", so that the injurer can get the due lesson. The relief measures of state organs in a broad sense include various legal responsibilities.

4. Self-help of family members. When family members are injured by domestic violence, they can save themselves according to law, such as self-defense, emergency avoidance and self-help behavior. And other family members should also provide timely help to stop the continuation of illegal and criminal acts and avoid serious consequences. Victims should be helped to seek outside help in time, such as seeking help from relevant grassroots social organizations, reporting cases to local police stations and other public security organs, and bringing a lawsuit to the people's court in time.

(2) Legal liability

In order to better protect the legitimate rights and interests of the victims, China's current laws stipulate three forms of legal liability for the perpetrators, specifically:

1. Administrative responsibility

According to the third paragraph of Article 43 of the Marriage Law, if domestic violence seriously infringes on the legitimate rights and interests of family members, the administrative organ shall give administrative punishment in accordance with the legal provisions on administrative penalties for public security. Administrative responsibilities include warning, fines up to 200 yuan, and detention up to 15 days.

2. Civil liability

Article 46 of China's Marriage Law stipulates that if divorce is caused by "domestic violence", the innocent party has the right to claim damages. Divorce fault liability is a kind of civil damages and a kind of right relief. It protects the equality of husband and wife relationship, the health and stability of family relationship, and punishes the fault party to some extent through the relief of the innocent spouse's infringed marriage rights. In addition, the civil liability of the actor also includes stopping the infringement and apologizing.

3. Criminal responsibility

Article 45 of China's Marriage Law stipulates: "Anyone who commits domestic violence or maltreats or abandons family members in bigamy shall be investigated for criminal responsibility according to law." Domestic violence itself is an illegal act, not a crime, but this illegal act will lead to the following crimes stipulated in the criminal law:

First, the crime of intentional homicide is an act of committing domestic violence and deliberately depriving family members of their lives. According to Article 232 of the Criminal Law, whoever commits the crime of intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.

Second, committing domestic violence and intentionally damaging the health of others constitutes the crime of intentional injury. According to Article 234 of the Criminal Law, whoever intentionally hurts others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious injury, disability or death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Third, domestic violence and interference with the freedom of marriage of family members constitute the crime of violent interference with freedom of marriage, and should be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of Article 257 of the Criminal Law; Whoever kills the victim shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.

In addition, the criminal responsibility of domestic violence is determined according to the specific circumstances, including manslaughter, negligent injury, insult, slander and so on.

The above three kinds of legal liabilities can be applied separately or simultaneously according to the specific circumstances.