妇女免受家庭暴力的法律保护

IF 1 2区 社会学 Q3 INTERNATIONAL RELATIONS
Samaneh Rahmatifar
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引用次数: 1

摘要

这项研究的重点是消除对妇女的家庭暴力的法律途径;在不与文化和社会环境相冲突的情况下,切实可行并适用于伊朗法律制度的方法。它发生在家庭隐私中,施暴者是与受害者有亲密关系的家庭成员。因此,大多数反犯罪监测机构(如警察)、制裁(如监禁和diya)和传统的法律证据(如证人和文件)变得无用和不适用。本研究采用描述性分析方法;这样,外国行为就可以用实质分类来描述。这种做法强调伊斯兰国家的行为。通过比较研究,对伊朗法律制度存在的缺陷进行了类比分析,并提出了弥补这些缺陷的对策。结果证明,对妇女的家庭暴力是一个公共领域的问题,反对它需要政治意图和法律创造力。在家庭暴力案件中支持妇女的方式有很多,如拨出足够的预算、民间社会组织的参与、承认并将各种家庭暴力定为刑事犯罪、对举报立即作出反应、批准支持性创造性命令、对妇女的一切损害赔偿以及由被告承担举证责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Protection of Women from Domestic Violence
This research is focused on legal ways of elimination of domestic violence against women; Ways which are practical and applicable in the legal system of Iran without conflicting with cultural and social circumstances. It takes place in the family privacy and perpetrator is a family member which is in intimate relationship with victim. Therefore most of anti-crime monitoring bodies (such as police), sanctions (such as imprisonment and diya), and traditional legal evidence (such as witness and document) became useless and inapplicable. Methodology of present study is descriptive-analytical; in this way foreign Acts are described by substantive classification. This approach emphasizes on the Acts of the Islamic countries. By the comparative study gaps of the legal system of Iran are analogized and solutions to fill them are suggested. Results prove that domestic violence against women is a matter of public sphere and fighting against it requires political intention and legal creativity. There are many ways to support women in domestic violence cases, such as allocation enough budget, participation of civil society organizations, recognition and criminalization all kind of domestic violence, immediate reaction to reports, ratification supportive creative orders, compensation all damages to the women and put the burden of proof on the accused.
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CiteScore
3.10
自引率
21.10%
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