The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

KUI Jia

Abstract: Domestic violence is a serious threat to the basic human rights of family members, especially victimized women. In order to effectively prevent domestic violence, the criminal law needs to respond in an appropriate and timely manner. However, the traditional criminal governance model suffers from the problem of the lagging involvement of public power. At the same time, the public-private partnership governance model, based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People’s Republic of China, is also flawed in its institutional design and specific implementation. The criminal governance model for domestic violence should be guided by the view of positive criminal law, and the governance path should be furtheroptimized from two aspects: strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.

Keywords: domestic violence · human rights protection · criminal governance model · legislative improvement