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《Journal of Chinese Women's Studies》 2017-04
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Subject of Quasi-Domestic Violence: Interpretation of Article 37 of Anti-Domestic Violence Law in China: Regarding“Persons Who are not Family Members but Living Together”

DAN Shu-hua;School of Law,China Women's University;  
Persons who are living together and not family members are subjects of quasi-domestic violence according to Article 37 of the Anti-Domestic Violence Law regarding quasi-domestic violence. Legally,family members refer to persons who are linked by marriage and blood lines and have legal rights and obligations,while those who are living together and not family members are linked economically and emotionally. The criteria of essential similarity should be followed when those living together are identified for their involvement in quasidomestic violence,but should not be same strict as that applied to de facto family members,and the criteria could be exempted from application if there is specific regulation on those who are living together and not family members in law. It is suggested that the scope of family members should be specified and ex-spouses who no longer live together should be included in the subject of quasi-domestic violence.
【Fund】: 国家社会科学基金一般项目“公权力干预家庭暴力的适度性研究”(项目编号:13BFX045)的阶段性研究成果
【CateGory Index】: D923.9
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