||Families are old organizations. In Asian area, “Domestic Violence Protection Act” is a new law that shoots up like a new sprout. When tradition meets modern laws; when old emotions and blood relationship meet rational laws, what kind of spark will be generated? And how many new social issues will it bring up?|
The harms caused by marital violence to a family include physical and mental torture suffered by family members, which might lead to high national and social costs. Owing to the changes in family functions and family structure, marital violence as a controversial issue has been regulated in the legislative body through legislation. However, if there is no limit to the “intervention of laws in domestic disputes”, family problems will be made public just like the “Truman Show”. Without privacy there is no dignity. The universal value of human rights would finally be stripped off.
Once the private realm of a family is intervened, it is as if the Pandora’s Box pops open. The basic human rights of family members, such as individual’s privacy, minor children’s right to family harmony, domestic violence victims’ right over body and the right of freedom from fear, and domestic violence offenders’ right to family life, right of migrating freedom, right of personal freedom, and right of property disposal, which has been deprived according to the protective order, as well as human dignity of each family member of the family in dispute and so on will be challenged. Whether the core of family system and family autonomy, or the right to family life, or the systematic protection of family should be precedent to the natural rights of the Constitution? Is it excessively intervened by the Domestic Violence Protection Act? This article discusses the intervention of laws in domestic disputes from the practical and law aspects: What conflicts exist between Domestic Violence Protection Act and domestic violence, and the possibility of reconciliation between them. It is also expected that the implementation of policies is able to protect the basic human rights of all citizens by adhering to the consistent constitutional spirit.