关于《家庭暴力防治法》的立法考察——以全球性的视角

家庭暴力犯罪一再冲击人们对于美好家园的想象,并成为妨害社会安定和谐的重要因素.家庭暴力作为一个综合性的社会问题,治理难度颇大.综观世界其他国家的立法概况,不难发现其具有专门立法与刑事立法协调配合,并以保护令制度为核心的社会各阶层综合防治的特点.在我国制定《家庭暴力防治法》时,应遵循公权力适度干预、当事人意思自治以及多层次综合防治的原则；在具体制度设计中,应明确家庭暴力的范畴,建立保护令制度,构建多层次综合防治体系；在刑事规定方面宜做形式化处理,涉及犯罪时,以现行刑法的相关规定为定罪量刑的标准,以维护刑法的稳定性和家庭暴力犯罪定罪量刑的统一性.

Legislative Investigation on the Domestic Violence prevention Law:in a perspective of Globalization

The crime of domestic violence has been repeatedly wrecking the good imagination of happy family and has become adverse factors of social security and harmony. As a compositive social problem, do-mestic violence is increasingly difficuh to deal with. An overall perspective, the world＇ s general legislative sit- uation embodies these two features： the cooperation between specific legislation and criminal legislation and in-tegrated system with protection orders at its core. Specific legislation on anti - domestic violence in our country should obey the following three principals： moderate intervention, autonomy of will and integrated system of domestic violence prevention. In addition, the domain of domestic violence should be defined. Protection od-ers and integrated systems should also be established. The criminal part of the Domestic Violence Prevention Law should be formalized and simplified. The violence perpetrator which has constituted a crime could be punished according to the criminal law. It＇s helpful to preserve the stability of criminal law and unify the cfl-teflon of conviction and sentencing.