scholarly journals The Governmental Responsibility of Relief Measure in the Process of Implementing Anti-Domestic Violence

2017 ◽  
Vol 1 (1) ◽  
pp. 123
Author(s):  
Tingting Tian

The frst Anti-Domestic Violence Law of the People's Republic of China came into effect on March 1, 2016, which flledthe vacancy of anti-domestic violence law in the legal system of China. The anti-domestic violence law is aimed at preventing andavoiding domestic violence, protecting lawful rights and interests of family members, maintaining a peaceful, harmonious and civilized family relation and promoting family harmony and social stability. The process of implementing the anti-domestic violencelaw is not accomplished at one stroke; instead, it is a systematic engineering needing to be done with efforts from all directions. Thegovernment, as the strongest supporter of citizens, shall take corresponding responsibilities in the process of implementing the anti-domestic violence law, especially the governmental responsibility of relief measure in the process of implementing anti-domesticviolence.

Semiotica ◽  
2018 ◽  
Vol 2018 (224) ◽  
pp. 249-268 ◽  
Author(s):  
Le Cheng ◽  
Xin Wang

Abstract Battles against domestic violence in the People’s Republic of China (hereafter P. R. C.) have been carried out since 1995. In this study, legislative progression of laws related to domestic violence is first examined and clarified; second, findings from the legislative review are investigated on the basis of civil and criminal cases; third, the interaction among social and traditional norms, legislation, and judicial outcomes is explored and interpreted from a sociosemiotic perspective. It is found in this study that: 1) legislation and judicial practices of domestic violence in the P. R. C. are closely intertwined with social and traditional norms; 2) there is a gap between judicial practices dealing with domestic violence and the legislation; 3) the Anti-Domestic Violence Law offers a notch for state powers to embrace the familial relationship and to safeguard a victim.


Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.


Author(s):  
Kirstin Wagner

Abstract This essay seeks to complicate seemingly rigid notions of instinct, agency, and survival for proximate bodies resisting violence through cooperative spatial attunement. I place the behaviors and movements of murmurating starlings (and other nonhuman animal beings in various states of fear/pain) alongside human family members in families organizing around domestic violence in order to theorize predation-evasion-induced scale-free correlation (PEISFC) as a trans-species process of “atmospheric attunement” that resists violence.


2015 ◽  
Vol 32 (9) ◽  
pp. 1358-1378 ◽  
Author(s):  
Katherine Brickell

This article examines victims’ purported complicity in the judicial failures of domestic violence law to protect them in Cambodia. It is based on 3 years (2012-2014) of research in Siem Reap and Pursat Provinces on the everyday politics of the 2005 “Law on the Prevention of Domestic Violence and the Protection of the Victims” (DV Law). The project questioned why investments in DV Law are faltering and took a multi-stakeholder approach to do so. In addition to 40 interviews with female domestic violence victims, the research included 50 interviews with legal and health professionals, NGO workers, low- and high-ranking police officers, religious figures, and local government authority leaders who each have an occupational investment in the implementation and enforcement of DV Law. Forming the backbone of the article, the findings from this latter sample reveal how women are construed not only as barriers “clouding the judgment of law” but also as actors denying the agency of institutional stakeholders (and law itself) to bring perpetrators to account. The findings suggest that DV Law has the potential to entrench, rather than diminish, an environment of victim blaming. In turn, the article signals the importance of research on, and better professional support of, intermediaries who (discursively) administrate the relationship between DV Law and the victims/citizens it seeks to protect.


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