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篇目详细内容 |
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【篇名】 |
Legal Countermeasures for Domestic Violence: From the Perspective of Family Law in China |
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【刊名】 |
Frontiers of Law in China |
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【刊名缩写】 |
Front. Law China |
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【ISSN】 |
1673-3428 |
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【EISSN】 |
1673-3541 |
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【DOI】 |
10.1007/s11463-010-0014-3 |
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【出版社】 |
Higher Education Press and Springer-Verlag |
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【出版年】 |
2010 |
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【卷期】 |
5
卷2期 |
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【页码】 |
302-318
页,共
17
页 |
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【作者】 |
Jia Hao;
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【关键词】 |
domestic violence; family priority; dispute settlement; non-litigation settlement mechanism |
【摘要】 |
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Domestic violence, as its great harm to family members and family relationship, is one of the important issues to be tackled by family law. In this regard, China’s Marriage Law mainly adopts non-litigation measures, including dissuasion and curb of perpetrators, mediation for the parties concerned and imposition of administrative punishment. From the legal techniques in family resource sharing, the diversity of interests within a family, the complexity of family relationships and the privacy of family determine the non-antagonistic, nonlinear and non-proactive measures for adjusting family relationship. Further, in the principle of “family priority based on personal independence” and with the prerequisites of the prevention framework set up in the Marriage Law, it is suggested to make restrictive provisions on parental rights in protecting the minors, fully utilize the current civil mediation system to settle family disputes, and set up a system of “personal protection and behavioral correction.” |
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