Abstracts have occurred when domestic violence crime, destruction of family harmony, the impact of social harmony and stability, domestic violence crime family, concealment, ambiguity, persistence and other aspects of the specific cause of the characteristics of its existence, from the improvement of legislation implementing the the criminal policy of combining punishment with leniency, strengthening the family culture and moral construction, improve the social assistance system, increase law publicity and education efforts to combat prevention.
The Paper Keywords domestic violence temper justice with mercy publicity education
Huadu District in recent years, cases involving domestic violence crime occurs frequently, mainly involving intentional homicide, intentional injury, illegal detention, abandonment, rape, forced child molestation, bigamy, robbery and other crimes, not only a direct threat to the personal safety of family members and mental health 2 also undermine social harmony and stability. According to statistics, from January 2008 to June 2012, Huadu District, between family members, intentional injury, intentional homicide cases 6 cases of illegal detention , bigamy cases a 1, a case of abandonment.
Crime of domestic violence is domestic violence occurs mainly among family members of bodily harm, mental torture and sexual abuse, violence within the family appears to infringe violent crime, physical and mental health (including physical health and mental health. According to the survey of the National Women's Federation show, 30 percent of Chinese families there's domestic violence, more than 90% of male violence, 16% of women admitted had been subjected to violence. country each year approximately 400,000 family disintegration, of which a quarter of the roots in the family effective judicial intervention violence. crime of domestic violence, how to strengthen the prosecution in the prevention and punishment of the crime of domestic violence in the oversight functions, the new situation, the new era Attorney agencies are involved in an important issue facing the social management. judicial practice, prosecutorial authorities shall, in accordance with the characteristics and causes of the crime of domestic violence, both play good procuratorial agencies to fight crime in the use of a good criminal reconciliation and temper justice with mercy criminal policy, with other departments to improve the quality of education, advocacy, assistance and education, mediation comprehensive management of social work.
A crime of domestic violence cases characteristics
Perpetrators of domestic violence and other violent crimes compared with the characteristics of the family, concealment, ambiguity, persistence.
A criminal subject to adult males of the subject and the victim of the crime of domestic violence has a specific blood or marriage, the perpetrators mainly married young and middle-aged men with lower education level, as well as some adult women, there is still a fewer young people. Huadu District People's Procuratorate in recent years for the crime of domestic violence cases, for example, the adult male crime against spouses, the elderly, children, the violence accounted for about 85.3% of the adult female children, the elderly, spousal violence crime about accounting for 10% and about 4.7% in the minors for the elderly implementation violent crime.
. Families of violent crime highlights family is a crime of domestic violence and other violent crimes is the most obvious difference between the perpetrators and victims of violence which also led to the youngster violence has a close kinship or marriage. obvious misunderstanding of the attitude of the crime and other violent crime attitude, chores others tend to believe that the right to interfere, a lot of crime and therefore did not enter the horizons of the judiciary. Zhang Yang, long-term maintenance elderly mother, his mother pick up waste for a living, the sick are unattended, neighbors for granted unreported, and after Yang dead for several days had been found.
Location of the crime and the means has a hidden crime of domestic violence occurred within the family rather than in public places, generally difficult to people outside of the family members found a variety of forms of family violence and physical harm, but also mental torture, as well as sexual abuse, In addition to the obvious physical injury, other means is difficult to judge from the victim surfaces of some to take into account their own reputation and privacy, victims of domestic violence to cover up, some insiders also out of the traditional concept of family violence to conceal the results exposed beyond the limit of patience of ordinary people until the domestic violence or serious harm has occurred.
Some criminal means cruel some criminals often taken extremely cruel means to achieve personal goals, and lead to serious consequences if criminals or to achieve the purpose of divorce or for unfettered to live with a third party or for the property or for not supporting the elderly, the elderly to extract a house, brazenly implementation premeditated crime., such as Ryu is forcing his wife and their divorce hit the victim with sticks induced three disability such as Zhang did not want the maintenance their father, even beating his father to allow victims to break a leg.
Crime time persistent perpetrators of domestic violence has a relatively exclusive and closed, not social monitoring, and the victims of the traditional concepts, but also do not want quiet, leading to the perpetrators of violence with impunity at home and long-term implementation of the Domestic Violence behavior. Dengmou negligence causing death case, Dengmou often beaten, flooding their son disguised form of corporal punishment, the victim was never brought to outsiders, school teachers and neighbors also did not pay attention until a habitual the bathtub soaking corporal punishment, as young as 11-year-old victim drowned incident.
Motive for the crime "diversity." Crime of domestic violence causes are varied, there is a "patriarchal" First, some parents ridden by feudal thinking, "sticks, spoil the child" erroneous ideas by force means of dependents the education of children, caused by the crime. Chen disobedient daughter suspected daughter Arjuna reading the fifth grade at home steal her money and rice to go out to sell to get the money on dinner and classmates to teach her daughters, her daughter long Big is a useless person. caused a party mood and marital relations or a third party, the night of the murder, her anger upper cut off Arjun two ears and was later sentenced to six years. out of control triggering a quarrel, mutual hands, the armed fighting even spend money incitement to revenge. Yang and his wife feelings and hear his wife and suspected the men of the third party call, angrily took out a kitchen knife from the kitchen and watermelon knife, his wife seriously slashed. lack of communication between family members caring vent discontent. contradiction there because of family issues, property issues to meet the sexual desire of cases caused by.
Second, the main reason of the crime of domestic violence incident
The crime of domestic violence incident subjective general low quality of the criminals, psychological lead to unhealthy family factor is the lack of communication between family members and care, the social dimension is the lack of cultural education efforts and management mechanism.
Criminals culture of low quality, a sense of law and cultural qualities of the perpetrators of domestic violence are generally low, a sense of law, mental health, by patriarchal husband the right to rule, traditional patriarchal feudal concept of influence, or education bad , did not honor their parents and elders of consciousness, no sense of responsibility to take care of their loved ones. these people encountered some problems to make it a psychological case of conflict, it is easy to take simple, crude the means and rude speech processing, easily strayed into the attempt, psychological imbalance , drill "dead end", once taking the wrong action will not be easy to stop the long run, bound to a life of crime.
Victim self-awareness. Victim self-protection awareness is not strong, weak resistance, and also for maintaining family maintenance rely on, such as reputation or economic considerations, are often reluctant informant did not dare denounce, and even the perpetrators whitewash to conceal, leading to domestic violence resulting in serious consequences to a certain extent before the incident.
Lack of communication. Among family members such family members in busy living or a character flaw, and often ignore the communication and exchanges with relatives, the lack of respect and trust each other should and some of the family members only emphasizes individual rights regardless of due obligations of marriage, family lack of a sense of responsibility, acts of indulgence, increasingly tense family relations hidden domestic violence planted contradiction.
Social education to prevent control fatigue some bad cultural erosion and criminals education insufficient easily lead to them being diverted to attempt, even psycho social adjustment mechanisms mediating family conflicts, disputes are not sound enough, some of the functions of the department of family violence problem not pay enough attention, even reluctant to get involved, think it is within the family private matter, others bad intervention also difficult to resolve, resulting in some families contradictions and disputes are not timely and effective solution intensification of domestic violence.
Combat against domestic violence crime Suggestions
1. Improve relevant legislation, China << Marriage Law >> prohibited by domestic violence, some departments have also introduced a number of regulations, such as the 2008, the National Women's Federation, the Central Propaganda Department, Zuigao Jian, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice and Ministry of Health jointly developed >> << number of opinions on the prevention and combating domestic violence, which is China's authorities intervene to prevent domestic violence is a step forward, but still not formed a unified national Codex, therefore, there is a need to develop a specialized The >> << anti-domestic violence law, to regulate the relevant conduct, to refine the procedures for dealing with domestic violence, so that both entities and procedures, and enhance the operability of combat against domestic violence.
2. Implement the Lenient relative economy of criminal policy. Combat already constitute a crime of family violence behavior, procuratorial organs should implement good temper justice relative economic criminal's justice policies. Procuratorial organs can according to the different circumstances of domestic violence and to fully consider the needs of the victim on the serious domestic violence crime of intentional homicide, intentional injury causing serious injury, abandoned, and the illegal detention contrary to the ethics and morality of serious domestic violence crimes from the fast approval of arrest from prosecution fast shall be punished severely, subjective vicious smaller social harm not generally involve domestic violence crime, the victim requests can take dealt with leniently, as a result of the fault of the victim caused the case with criminal reconciliation system to deal with according to law, be given a lighter or mitigated punishment increase harmonious factors.
3. Strengthen family culture and moral construction of various functional departments take full advantage of families, schools, communities, three positions family cultural activities, and to prevent the occurrence of domestic violence. Families of grassroots women's federations depth community organizations to develop recreational activities, to completely eradicate residual in people's minds deep-rooted feudal patriarchal ideology, advocating a new type of family morality, and create a good atmosphere for family harmony and cohesion, the Joint Youth League education departments, school pictures show, the law publicity and a variety of ways, family ethics into moral education courses help students to establish a correct concept of the family since childhood.
4. Improve the social assistance system. Elimination and prevention of domestic violence is a social engineering requires collaboration of government departments, the judiciary, and community-based organizations, can set up a hotline, women and children shelter, psychological counseling, legal assistance, etc. relief channels to form smooth family violence, help victims survive. the grassroots village, the neighborhood organization should give full play to the mediating role of law enforcement agencies to intervene in a timely and effective suppression of family conflicts and disputes, the judiciary should actively carry out their functions, the full support, protection and rescue victims.
5. Law publicity and education efforts to increase the relevant functional departments should take loved by the people, an easy-to-understand way, through television, radio, newspapers and network news media, with the typical case, called on the whole society concerned about the problem of domestic violence, both effective deter potential suspects, letting family members knowing, understanding, and usage, especially for vulnerable groups in the family to know how to use legal weapons to safeguard their legitimate rights and interests.