以《家庭和谐促进法》取代《反家庭暴力法》

摘要

The fight against domestic violence is the inevitable requirement for the realization of the worth of marriage system, which is a kind of passive protective of family members. However, the promotion of family harmony is the ultimate purpose of fighting against domestic violence. The Family Harmony Promotion Law is in better accordance with the essential characteristics of marriage and family. Its legislation name is more appropriate and the legislation detail is more favorable to overall specify the marriage and family relationship. This makes up the weaknesses of the previous Marriage Law; the counseling methods of the legislation thinking are more beneficial to promote the family's harmony and stability and are more scientific than The Law Against Violence. Accordingly, it is natural for Family Harmony Promotion Law to take place of The Law against Domestic Violence.%反家庭暴力是实现婚姻家庭制度正义价值的必然要求,它体现了对家庭成员人格权的一种消极的单项保护,促进家庭和谐才是反家庭暴力的最终目的。制定《家庭和谐促进法》更符合婚姻家庭的本质特点,立法名称更恰当,立法内容上有利于全面规范婚姻家庭关系,弥补我国婚姻法的不足,立法思路上以疏导的方法更有利于促进家庭的和谐稳定,比单纯制定《反家庭暴力法》更科学。因此,应当以《家庭和谐促进法》取代学者倡议的《反家庭暴力法》。