2065 438+00. 8. 5 Xie, a victim of domestic violence, was interviewed and discussed. The victim Xie Mou, aged 36, complained to the local women's federation on March 20 10 for domestic violence. Its description is as follows: Xie and her husband Zhang have been married for several years. When they got married, the family was very difficult. After the couple raised funds in many ways, they borrowed tens of thousands of yuan to open a plywood factory. Because of their diligence, honesty and trustworthiness, the business of the factory is very prosperous, and they have given birth to two children one after another. In order to take better care of their families and help their husbands, they take full-time care of their children and do housework at home. However, the good times did not last long. Due to the improvement of the family's economic situation, since 2003, the husband has not come home on time, so it is better to live with his lover openly. He not only ignored his wife and children, but also forced his wife to divorce by violence many times after returning home, and was slightly injured many times. Finally, he couldn't bear it anymore and went to the Women's Federation for help. Although she was beaten by her husband many times, because of her deep feelings for her husband, considering many factors such as financial ability, child support, marital feelings, family integrity and humiliation after marriage, she refused to divorce, preferring to live with her husband with humiliation, while her husband was inconsiderate and didn't cherish the feelings of husband and wife, and always held an attitude of never giving up without divorce, which made her physically and mentally exhausted and miserable. The appearance of extramarital affairs seriously affects the feelings of husband and wife, destroys family harmony and leads to continuous domestic violence. Some even use domestic violence as the main means to force their wives to divorce.
Second, go to the local women's Federation to inquire about the relevant files.
This time, I went to the Women's Federation of our county to investigate the relevant cases and questionnaires, and found that 23. 1% families had domestic violence. In the statistics of letters and visits from the beginning of this year to June, women's Federation workers received 23 letters and visits, of which 17 involved marriage and family disputes and 15 involved domestic violence to varying degrees. Although the problem of domestic violence has become increasingly prominent, it has also aroused widespread concern in society. The state attaches great importance to it and has incorporated it into marriage law, women's rights and interests protection law and other legal documents and regulations. However, in modern society, domestic violence is still widespread, which not only seriously infringes on women's personal rights and interests, but also seriously affects social harmony and stability. Moreover, the phenomenon of domestic violence is becoming more and more serious. In the past, domestic violence mostly occurred in families with low knowledge level, professional level and social status, but now we can see that the scope of domestic violence is spreading from rural areas to cities, from people with low cultural quality to people with high cultural quality. Domestic violence occurs not only in farmers' families, but also in the families of cadres, teachers and legal workers. The scope of domestic violence is getting wider and wider, the forms of expression are getting more and more hidden, the degree is getting more and more serious, and the performance cycle is getting shorter and shorter. At present, the problem of domestic violence has become a major cancer in building a "society ruled by law" and a "harmonious society" in China, and it has reached the point where it must be eradicated.
Found the problem:
First, the causes of domestic violence:
1, the root of domestic violence. The influence of China's 5,000-year-old feudal cultural tradition has resulted in the social concept of male chauvinism, and the consciousness of "men are superior to women" still exists in many families. Some men regard their wives as their own accessories and private property, relying on their innate physical advantages, while women who are physically disadvantaged will mostly take it out on their wives. Coupled with some men's bad temper, social pressure and poor economic situation, domestic violence is widespread.
2. The main causes of domestic violence. Extramarital affairs and decadent lifestyle. Since the reform and opening up, China's economy has developed rapidly, its comprehensive national strength has been continuously improved, and people's living standards have also been continuously improved. The concept of "everything is money-oriented" has also made many people lose their humanity and morality. Abundant money not only brings a relaxed environment for people to pursue harmonious, happy and affluent family life, but also breeds a decadent lifestyle of some people. Some people become big bosses after leaving office, and it has become the fashion of their lives to find lovers to support mistresses; Some people have different ideas, and the flowers at home are not fragrant or wild; Some people lack a sense of family responsibility, and their wives' minor faults become their reasons for cheating ... The appearance of extramarital affairs and decadent lifestyle have become the main reasons that seriously affect the feelings of husband and wife, undermine family harmony and lead to constant domestic violence. What's more, domestic violence is the main means to force his wife to divorce.
3. Some women's weak legal awareness and lack of self-protection awareness are important reasons for domestic violence. With the advancement of China's legalization process, people's awareness of legal concepts has been greatly improved, but there are still many women with weak legal awareness and lack of self-protection. They think it is natural for a husband to beat and scold his wife, which is not controlled by outsiders and should be tolerated by himself. A large part of people in modern families think that quarreling and fighting between husband and wife is a personal trivial matter, which will not touch the law and others have no right to interfere. Even some grassroots cadres and law enforcement officers have a vague understanding of domestic violence. When dealing with domestic violence, they take a passive wait-and-see attitude and cannot perform their due duties to stop domestic violence. They think that "it is difficult for an honest official to break housework", and housework is not easy to manage. It is better to do more than less. The more mediation work is done, the more complicated the situation is and the violence continues to develop. This is also one of the important reasons for domestic violence.
4. The important reason why domestic violence is difficult to eliminate is that its manifestations are hidden. Some men are twisted and grumpy, no matter whether they are big or small contradictions, they have developed a way of venting by swearing when they export and hitting when they reach out. Although the infringement is real, due to the small scope of influence, no "third party" except husband and wife knows it. And women, born with a good face. Influenced by the old idea that "wash one's dirty linen in public", they generally don't expose such things. When they meet an introverted and gentle wife, they will choose to submit to humiliation and suffer mental and physical pain alone. As a result, they did not get the sympathy of the other side, but laid a hidden danger for the next domestic violence, which became one of the important reasons why domestic violence was difficult to eliminate.
5. The lack of relevant legal system makes domestic violence unpunished and encourages the emergence of domestic violence. China's laws and regulations on domestic violence crimes are not perfect, and there are some phenomena in real life, such as lax enforcement and ineffective enforcement, which makes the judicial relief for domestic violence more fragile. Judicial personnel are still bound by traditional ideas that domestic violence is not a big deal as long as it doesn't kill people. It is precisely because of this psychology that civil judges will always decide not to divorce even if the situation of armed confrontation between the two sides is common. When dealing with cases caused by domestic violence, criminal judges will also have obvious light sentences for defendants. It is the connivance of this phenomenon that makes the law lose its due deterrent in the face of domestic violence.
6. The non-independence of women's economic status is the direct cause of domestic violence. Most rural women rely on their families and husbands after marriage. The lack of knowledge and skills restricts their participation in economic and social development, and they lack self-reliance and self-reliance consciousness. Women have no financial resources and rely on their husbands' income to support their families. Therefore, they are tired of being looked down upon by their husbands. When they suffer from domestic violence, they can't choose to divorce because of their lack of livelihood skills and the ability to live independently. They can only survive in the shadow of domestic violence.
Second, the harm of domestic violence:
1, which increases the harm to women's physical and mental health. The occurrence of domestic violence, on the one hand, is that women are physically destroyed, because women are born at a disadvantage in physical function, so when they are violated, the physical damage will be extremely great. On the other hand, women's mental trauma is often more difficult to heal than physical injury. Women who are subjected to violence are full of fear and insecurity, and have no confidence in life, because they live in an atmosphere of depression, fear and tension for a long time. When they are attacked by domestic violence, they don't know how to find an appropriate way to get rid of it. In this case, they have to take passive resistance methods such as going back to their parents' home, running away, and fighting violence with violence.
2. Destroy the stability of marriage and family. A violent family will lead to a low happiness index of family members and lead to multiple family conflicts. Even if women were dominated by the concept of caring for children and maintaining family integrity at first, they hoped that their husbands would get rid of the habit of violence. However, in real life, trivial matters of life and the pressure of work often lead to conflicts between husband and wife, which will not decrease, but will aggravate them. So when they feel insecure about their families and lose confidence in their marriage, they can get rid of domestic violence through divorce. It can be said that domestic violence is a big killer of family instability.
3. Restrict the harmonious development of society. Family is an important part of society. A harmonious and happy family can promote the progress of social civilization, and a safe family can promote the development of a harmonious society. However, when domestic violence occurs in a family, on the one hand, both men's and women's families are worried about it, especially the woman's parents, brothers and sisters and other relatives will be very angry, and it is very easy to participate in such disputes, which will aggravate the contradictions of the extended family and even lead to social contradictions; On the other hand, family disharmony will lead to conflicts between husband and wife and affect work to varying degrees. Women who have been subjected to violence have suffered serious physical and mental trauma, and being shrouded in the shadow of domestic violence for a long time will inevitably become an important obstacle to the harmonious development of society.
Countermeasures and suggestions:
First, strengthen legislation. Further improve the legislative system, grasp legislation from the source and establish a special anti-domestic violence law. In order to effectively prevent, control and stop domestic violence, establish and improve domestic violence laws and regulations, implement special legislation on domestic violence, so that there is a law to punish domestic violence, add relevant contents to relevant laws and regulations, increase punishment, clearly stipulate the legal responsibilities that domestic violence sanctions agencies, appraisal agencies, rescue agencies and perpetrators should bear, make special laws and regulations more complete, more powerful and more targeted, effectively protect the legitimate rights and interests of women victims, and achieve fairness and justice. When women are injured by violence, someone comes in to take care of them, and the perpetrators are punished as they should.
Second, give full play to the strength of all sectors of society, coordinate with each other and comprehensively control domestic violence. Effectively bring the problem of domestic violence into the comprehensive management of social security. In view of the problems of many female victims of domestic violence, such as difficulty in getting a lawyer, going to court and being unable to pay for legal services, police stations, civil affairs departments, women's federations and other departments should fully perform their functions, strengthen coordination and cooperation, and jointly do a good job in anti-domestic violence work. Units and women's federations should actively mediate, judicial organs should resolutely deal with domestic violence, and civil affairs departments should give appropriate assistance to women victims. Actively carry out legal aid work and establish a socialized network to protect women's rights and interests. Establish an anti-domestic violence network covering the public opinion and moral laws of the whole society, and form a good situation in which all departments work together and make concerted efforts. According to local conditions, local laws and regulations against domestic violence have been promulgated to coordinate the work of various departments against domestic violence.
Conclusion: Domestic violence is an irreconcilable product of human society and an urgent but challenging problem. How to solve this problem requires the participation of all walks of life, and can rely solely on ethics, and must strengthen the dependence on laws and regulations and other mandatory legal means that can reflect obvious effects. Only by combining moral education with legal education can we effectively stop the occurrence of legal domestic violence and put an end to this phenomenon.