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학술논문동아법학2025.11 발행

A Study on the Prevention and Control System of Domestic Violence in China from the Perspective of Minors' Protection

A Study on the Prevention and Control System of Domestic Violence in China from the Perspective of Minors' Protection

순롱; 문철주(동아대학교)

109호, 85~118쪽

초록

Domestic violence against minors is a widespread problem in China, which not only seriously endangers children's physical and mental health, but also brings negative impacts on family harmony and social stability. Regarding this issue, although Chinese legislators have made repeated efforts in the legal dimension to protect and support minors, the desired governance effectiveness has not yet been achieved. The root cause of this is that, on the one hand, under the influence of traditional thinking and erroneous educational concepts, parents regard their children as their private property and use violent means to discipline them; on the other hand, the lagging construction of the rule of law in the early years of the country's history has prevented many child victims of domestic violence from obtaining timely and effective assistance. In recent years, with the rise in social concern and the increase in the number of cases of violence, the ruling class has gradually become aware of the seriousness of the problem of violence prevention and control, and has consequently promulgated a series of laws and regulations, such as the Anti-Domestic Violence Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Civil Code of the People's Republic of China and so on. At the same time, a number of supporting relief systems have been established, including but not limited to the mandatory reporting system, the PSPO system, and the revocation of guardianship, etc., in order to curb violence. However, due to the imperfections in the legislation, the effectiveness of the regulations and the effectiveness of the relief system have been questioned by people in the practical field. Therefore, this paper will take the personal safety protection of minors as the research perspective. This paper will focus on the deficiencies exposed in the process of building the rule of law on domestic violence assistance for minors in China, and from the perspective of legislation, it will put forward specific improvement paths for the prevention and treatment of domestic violence, with a view to creating a stable, pragmatic and appropriate prevention and treatment system for minors' life and health rights and interests.

Abstract

Domestic violence against minors is a widespread problem in China, which not only seriously endangers children's physical and mental health, but also brings negative impacts on family harmony and social stability. Regarding this issue, although Chinese legislators have made repeated efforts in the legal dimension to protect and support minors, the desired governance effectiveness has not yet been achieved. The root cause of this is that, on the one hand, under the influence of traditional thinking and erroneous educational concepts, parents regard their children as their private property and use violent means to discipline them; on the other hand, the lagging construction of the rule of law in the early years of the country's history has prevented many child victims of domestic violence from obtaining timely and effective assistance. In recent years, with the rise in social concern and the increase in the number of cases of violence, the ruling class has gradually become aware of the seriousness of the problem of violence prevention and control, and has consequently promulgated a series of laws and regulations, such as the Anti-Domestic Violence Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Civil Code of the People's Republic of China and so on. At the same time, a number of supporting relief systems have been established, including but not limited to the mandatory reporting system, the PSPO system, and the revocation of guardianship, etc., in order to curb violence. However, due to the imperfections in the legislation, the effectiveness of the regulations and the effectiveness of the relief system have been questioned by people in the practical field. Therefore, this paper will take the personal safety protection of minors as the research perspective. This paper will focus on the deficiencies exposed in the process of building the rule of law on domestic violence assistance for minors in China, and from the perspective of legislation, it will put forward specific improvement paths for the prevention and treatment of domestic violence, with a view to creating a stable, pragmatic and appropriate prevention and treatment system for minors' life and health rights and interests.

발행기관:
법학연구소
분류:
법학

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