-Concern and legal thinking about "Li Yang's family violence"
Abstract: With the intensification of Li Yang's family violence, the cruel word "domestic violence" has once again entered the public's field of vision. At present, domestic violence exists in developed and developing countries to varying degrees, which seriously disturbs family peace, undermines social stability and development, and makes women, children, the elderly and the disabled the first victims. Therefore, preventing and stopping domestic violence, safeguarding and safeguarding human rights, especially protecting women's legitimate rights and interests from a legal perspective, has become an urgent global issue.
Keywords: legal thinking on the legal protection of the causes of domestic violence
September 4th is a crazy day. The news that Li Yang, the founder of Crazy English, committed domestic violence against his foreign wife Jin has spread wildly in Weibo and many forums, causing many netizens to watch. In Weibo, "Lin Nahua's mother" explained Li Yang's famous saying "I love losing face": I love losing face = I love hitting my wife in the face. Weibo, a netizen who signed "Lin Nahua's mother", said: "Li Yang, you need help. Domestic violence is a serious problem. I am worried about the future of my husband and my family. Your children need their father. I don't know what to do! " Weibo also attached a photo of a foreign woman whose forehead was swollen and her knees and ears were injured. In Weibo, most of "Lin Nahua's mother" are written in Weibo in English. After being translated into Chinese, the lyrics are even sadder, such as "It would be great if love disappeared the moment your hand broke my face, but this is not the case. It's even worse to see you applying for TV while I'm in hospital than to drop my head on the floor. " If love could disappear the minute you hit me in the face, everything would be much simpler, but it didn't. When I was in the hospital, you put on makeup and went on TV. It hurts me more to see you like this than to let my head hit the ground. The news that "Li Yang's wife was subjected to domestic violence" attracted the attention of many netizens. At the same time, it also caused people to think deeply about domestic violence.
Domestic violence has become a global public hazard, attracting worldwide attention. According to statistics, 654.38+10,000 families are disintegrated due to domestic violence every year in China; Every year, 4 million women in the United States suffer from domestic violence; 50% women in Bangkok, Thailand often suffer physical abuse from their husbands; There are 20%-30% upper-class families in Taiwan Province Province. In China, Guangdong Women's Federation conducted a household sampling survey on 11389 families in Guangzhou and other cities. The results show that 29.2% of families have domestic violence, and 79.4% of them have husband-to-wife violence. Among the letters and visits received by Zhengzhou Women's Federation in recent three years, nearly 1/3 are domestic violence cases. Only by understanding the causes and present situation of domestic violence can we prescribe the right medicine, prevent and eventually eradicate domestic violence.
I. Causes of domestic violence
In our country, it is generally believed that domestic violence refers to the violent behavior of family members who violate their physical, mental and sexual rights by violence, coercion, torture or other means. At present, China's the Supreme People's Court "on the application of
1, the feudal residual thought that men are superior to women and the husband is in charge for thousands of years.
In China's feudal society for thousands of years, the old adage that "a husband should be a wife" is deeply rooted in some people's ideas. Although the laws of New China stipulate the principle of equality between men and women, the concept of "marital power" cannot be changed in a short time. Moreover, the eternal legacy of "men dominate the outside and women dominate the inside" has always controlled some people's thoughts. Under this concept, the all-round development of women is restrained, and it is natural to rely on men; Men themselves think that they are the masters of the family and have to shoulder the burden of supporting their families. This kind of thinking doomed men to be uncompromising in the family. At the same time, the idea of son preference is also prominent in domestic violence. In the cases of husband abuse, a considerable proportion of cases are due to the fact that the wife has no boys or women have lost their fertility.
2. The reasons of marriage and family character.
The quality of marriage is poor and the marriage foundation is not solid. The relationship between husband and wife is in a state of looseness and hatred, which has laid a hidden danger for the occurrence of domestic violence. For example, a third party intervenes and mistresses. When other family members can't tolerate bad hobbies such as drinking, taking drugs and gambling, they may take extreme actions. Domestic violence caused by psychological abnormality can be divided into: ruthless abnormal personality, and children often become the main targets of domestic violence; Paranoid personality is abnormal, and it is easy to suspect that the spouse is unfaithful and take violent behavior to "educate".
3, the legal concept is weak, the victims are weak, and will not safeguard their legitimate rights and interests.
People's lack of legal awareness is closely related to the formation of domestic violence. They usually think that fighting between husband and wife is not illegal. Ordinary citizens think that the struggle between them is a private matter. They said, "It rains in the sky and flows on the ground. The couple fought without resentment. They eat a pot of rice during the day and sleep with pillows at night. " Often couples fight, and neighbors and friends persuade a few things; Grassroots cadres, on the other hand, are resigned and resigned. Even couples fight and call the police, and so does the police. They think that "it is difficult for an honest official to break housework." Failure to abide by the law and lack of justice in dealing with problems not only failed to effectively stop domestic violence, but also contributed to the prestige of the perpetrators.
4. Legal aid in China is slightly weak.
China's current laws are in a passive and passive state in combating and controlling domestic violence. Although abandonment, abuse or injury to family members have been included in the criminal category, these cases are only private prosecution cases, and the judicial organs will not ignore them. Only when serious injuries or deaths are caused will the judicial organs take the initiative to investigate. Then, in cases of serious injury or less, because the injured party is afraid to report it, the judicial organs will no longer mind their own business. Most domestic violence cases are reported to the grassroots judicial departments, and they all think that once the "housework is not easy to manage" is dismissed, the infringer will not be subject to any restrictions and sanctions, and the rights and interests of the victims will not be effectively protected by the judiciary. After returning to China, they will be retaliated, forcing the victims to swallow their words and making the infringers more fearless.
Second, China's current legal system of domestic violence
At present, China's laws to stop domestic violence are as follows: The Law on the Protection of Women's Rights and Interests stipulates that discrimination, abuse and mutilation of women are prohibited, and women's life and health are not infringed. Article 3 of the Marriage Law stipulates that it is forbidden for a spouse to live with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited. "Article 43 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 and villagers' committee and the unit to which they belong shall dissuade and mediate. The victim has the right to make a request for the ongoing domestic violence, and the residents' committee and villagers' committee shall dissuade him; The public security organ should stop it. If the victim requests to commit domestic violence or abuse family members, the public security organ shall impose administrative punishment in accordance with the law on administrative penalties for public security. "At present, China's constitution, criminal law, marriage law, law on the protection of women's rights and interests, regulations on administrative penalties for public security and other laws and regulations have prohibitive provisions on domestic violence, but there is a lack of clear identification and sanctions. The provisions on punishment and compensation in civil law are insufficient, and there is no charge of "domestic violence" in criminal law to punish, which makes it impossible for people who have not suffered minor injuries to pursue legal responsibility. These regulations are not operable, and the punishment for domestic violence is weak, and there are no rules of evidence law specifically for domestic violence.
Third, the legal thinking on anti-domestic violence.
1. Strengthen domestic violence legislation to prevent domestic violence according to law. Starting from the needs of social development, China should make an overall plan for anti-domestic violence legislation, which can be carried out from two aspects: perfecting the existing legal system, increasing the content and intensity of anti-domestic violence, and establishing anti-domestic violence laws with China characteristics. In order to protect the legitimate interests of family members, we should scientifically define domestic violence and carry out necessary legal intervention, strengthen the crackdown on domestic violence, and prevent the expansion of the harm of domestic violence through sound laws.
2. Give play to the special role of the police in domestic violence. After years of efforts, China has formed a diversified mechanism to prevent and deal with domestic violence. The positive role of these institutions is obvious, but the coordination is not harmonious. At present, in order to strengthen the mechanism of dealing with domestic violence, it is necessary to strengthen the role of the police in dealing with domestic violence. In real life. Public security and judicial organs should severely crack down on acts that commit domestic violence and constitute a crime according to law: those who have the motive to kill but have not yet started to commit a crime can be detained in public security first and educated while being detained.
3 carry forward social morality, strengthen moral education, improve the quality of the whole people, and establish a good fashion. Strengthen national moral education through various forms of educational activities in order to accurately stop, reduce or even eliminate domestic violence against women. Through education, with the help of public opinion, we advocate good marriage ethics to stop and eliminate domestic violence against women, so that immoral people can be condemned by public opinion. At the same time, through education, let everyone understand the importance of respecting each other's personality and dignity, and fully realize that only those who respect others can gain others' respect for their personal dignity. In addition, the education of "self-esteem", "self-confidence" and "self-improvement" is given to the vulnerable groups-women through various channels, so that they can improve their own quality, have independent personality and dignity, and fundamentally get rid of domestic violence.
The author believes that perfect legislation can provide the most solid foundation and backing for solving the domestic violence problem, and perfect justice can provide the most powerful administrative guarantee for solving the domestic violence problem; Effective judicial intervention mechanism can support a blue sky without violence for victims through law. If we take the emergence and aggravation of domestic violence seriously, treat the perpetrators correctly by legal means and strengthen the legal education for the perpetrators and victims, domestic violence will be stopped and society will be more harmonious.
References:
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2. D: Manifestations and Prevention of Domestic Violence, PLA Health, No.3, 2006.
3. Li Siqi: On the Characteristics, Causes and Solutions of Domestic Violence, Law and Society, No.3, 2009.
4. Zhang: Analysis of Rural Domestic Violence, Gansu Agriculture, April 2007.
5. Zhao Lijun: Reflections on Domestic Violence Legislation, Theoretical Research, No.2, 2005.