ドメスティック・バイオレンスの法的対応と日本の課題 : 日仏比較(シンポジウム2 「家族の変貌と暴力」)

抄録

In Japan, the law for the prevention of spousal violence and the protection of victims was enacted in 2001 and was amended in 2004. Therefore, Japan has a special law against spousal violence. The law provides "protection orders" as follows. 1. stay-away order: forbids the abuser from approaching the victim, or loitering in the vicinity of the victim's residence, workplace, or other place. 2. order to vacate: obliges the abuser to vacate, for a 2-month period, the residence shared the main home with the victim, and not to loiter in the vicinity of the victim's residence. The protection orders can protect victims from abusers efficiently. But in Japan, spousal violence as a crime is not punished sufficiently. France doesn't have a special law against spousal violence. In France, criminal law, criminal procedure law, and civil law have articles about spousal violence. In French criminal law punished spouse and partner more severely than usual persons. In Japan, spousal violence should be punished as a crime.