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现代文明与法治人权保障敦促各国干预家庭暴力,而家庭暴力依旧屡禁不止。《婚姻法司法解释一》在确定性界定“家庭暴力”内涵及外延时未就家庭暴力之“家庭成员”作出明确的法律界定。《反家庭暴力法(征集意见稿)》以“近亲属”为核心的界定“家庭成员”为范围,同时涵盖了与家庭形成合法寄养关系的人员。通过比较国外立法兼顾本国国情,探讨以“共同生活”为核心,适当将前配偶、同居关系、恋爱关系纳入保护范围的可行性。
Human rights protection in modern civilization and the rule of law Urged countries to intervene in domestic violence, while domestic violence continues to be repeated. “Judicial Interpretation of Marriage Law” makes a clear legal definition of “family members” of domestic violence when the definition and denotation of “domestic violence” are defined definitively. The Anti-Domestic Violence Act (Soliciting Opinions) covers the definition of “family member” with the core of “close relatives” and includes those who form a legal foster relationship with the family. By comparing the foreign legislation and taking into account the national conditions of our country, we explore the feasibility of incorporating the former spouse, common-law relationship and relationship of love into the protection scope with “common life ” as the core.