Summary: | 碩士 === 國立政治大學 === 法學院碩士在職專班 === 105 === Since ancient times, intimacy violence in Taiwan society is a neglected issue, until 1998, Taiwan through the Domestic Violence Prevention Act, to become the first in Asia to complete the legislation of the country, but also a protection of the human rights of the law. In practice, the implementation of the Domestic Violence Act 19 years, the effectiveness of the law on the prevention of domestic violence, there have been different debates. In Taiwan, the protection of intimacy violence by the violence, from the protection of human rights to the right to the right to give, and then given the rights from the right to see the social impact of the law after years of practice to see the protection of human rights and rights, the middle of the very The big gap, and the cause of the drop is the answer to this question.
In recent years, the West created the fourth new theory of rights, breaking the framework of the previous theory of rights, the self and the right is recursive (recursive) the impact of view, but the Chinese self and Western self is very different. Psychologists help us to self-inner basic psychological structure to do a lot of description and distinction; anthropology is that the Chinese self and Western self is different, the Chinese self is the pattern of differences, self-leisurely in the relationship between parents and brothers and sisters. The difference between the self and the new right theory of this study is that the self of the new right theory is an individualistic self, and the self of the study contains other people, which are important in the complementarity of psychology and anthropology. The basis of the discussion.
This article has three kinds of literature review, qualitative depth interview and case analysis. Qualitative depth of interviews, to intimacy violence women's rights awareness as the main axis, interview two pairs of marriages have marriages, intimacy violence in the marriage, and the court issued a protection order, the study of two couples as a case study Object. This study concludes that Taiwan's self affects rights, and distance and love are the key factors influencing the size and severity of self-development. Gender will affect the causes of the perceived distance between the two sides and the key to the change of husband and wife's feelings Different.
In the end of this study, four conclusions and suggestions are put forward according to the research results. First, the self and the right are the practice of women's sexual rights in Taiwan. Second, there is a great gap between the human rights and rights in marriage. The key factors influencing the self and the right are the distance and the situation. Finally, the fourth point is to make suggestions on the prevention and control of intimacy violence in Taiwan.
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