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美国法学论文代写:家庭暴力

家庭暴力不是歧视性的,发生在所有社会阶层、所有种族和宗教群体以及所有年龄群体之间。犯罪和其他统计数字只能为我们提供真实情况的一小部分。家庭关起门来所忍受的痛苦的性质和程度在很大程度上是保密的。家庭攻击的受害者往往不抱怨暴力,不是因为害怕受到进一步的攻击,就是因为他们太难为情,羞于向可能能够帮助他们的专业人员透露自己的困境。虽然传统观点认为家庭暴力的受害者主要是妇女,但情况并非总是如此,男人、儿童和老年人也容易受到家庭暴力的伤害。这就是说,有大量证据表明,妇女和儿童是主要受害者。在父母手中遭受暴力的儿童,通过保护儿童的程序,主要受到国家的保护。因此,民法所提供的补救办法一般用来为成年受害者争取保护。正如Subedi所指出的,对妇女的暴力有几个原因。这些范围从历史男女之间不平等的权力关系,文化观念,女性的性行为,不作为的国家安全机构的传统观念在法律和实践中重要的家庭,丈夫和妻子之间基本上是私事外或政府干预应该保持到最低限度。与其他形式的犯罪不同,家庭暴力的问题是,即使是法律本身也不完善,关于这一问题的法律也没有得到尽可能有力的执行。正是基于这一前提,最近在国家和国际一级作出了努力,加强关于传统暴力形式的法律,并扩大法律的范围,以包括新的暴力形式。虽然在国家一级这一进程中经常遇到的问题是隐私的原则和家庭的神圣性的概念,但公共/私人领域的二分法是国际一级的问题。

美国法学论文代写:家庭暴力

Domestic violence is not discriminatory and occurs between people of all social classes, amongst all racial and religious groupings and in all age groups. Crime and other statistics can only provide us with a taster of the real picture. The nature and extent of the suffering which is endured by families behind closed doors is very much something that is kept private. Victims of domestic assaults often do not complain of violence, either through fear of being further assaulted, or because they are too embarrassed and ashamed to reveal their plight to professionals who might be able to assist them. Although the traditional perspective is that victims of domestic violence are predominately women, this is not always the case, men, children and the elderly are vulnerable to domestic violence too. This said there is an abundance of evidence to show that it is women and children who are the main victims. Children who themselves suffer violence at the hands of a parent are in the main protected by the state though child protection procedures. The remedies provided by the civil law are therefore generally used to obtain protection for an adult victim.As Subedi points out There are several causes of violence against women. These range from historical unequal power relations between men and women to cultural perceptions, women’s sexuality, inaction on the part of the agents of the State to the traditional perception in law and practice that matters within the family and between a husband and wife are basically private matters in which outside or State involvement should be kept to a minimum. Unlike other forms of crime, the problem with domestic violence has been that even the law itself is not well- developed and the law that is there on this issue has not been enforced as vigorously as possible. It is from this premise that efforts have been made in the recent past both at national and international level to strengthen the law on traditional patterns of violence and to expand the scope of the law to cover new forms of violence. While the problem often encountered in this process at national level is the doctrine of privacy and the concept of the sanctity of the family, the dichotomy of the public/private sphere is the problem at international level.

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