중국의 「反家庭暴力法」

Abstract

Act on the Anti-Domestic Violence was enacted in 2015 in China, and has been put in force since March 2016. The law consists of six chapters, a total of 38 articles. The first chapter generalizes the purpose of legislation, the definition of domestic violence, the obligations of family members, the duties of the state and the relevant organs, and the principle of prevention-oriented work; Chapter Ⅱ is about the prevention of domestic violence; The third chapter is about the disposal of domestic violence, it mainly provides the provisions of the domestic violence complaints and warnings sent; Chapter Ⅳ provides the personal security protection order; The fifth chapter provides the administrative responsibility and criminal responsibility of domestic violence, and the legal liability of violating personal safety protection order from the view of legal liability; The last chapter is the Supplementary Chapter. The biggest difference with the Korean legal system is that China does not have a special law on penalties, but rather applies administrative responsibility and criminal responsibility from a general legal point of view. It is important to note that Chinese Act on the Anti-Domestic Violence is designed for the purpose of preventing and eliminating domestic violence, but there is a lack of coherence with other relevant laws, especially in terms of ex post relief measures and penalties.