国外反家庭暴力政策框架变迁及其对我国的启示

自20世纪80年代欧美各国相继开始制定反家庭暴力政策以来，三十多年间，这些国家的政策框架发生了多种变迁。一些国家经历了从性别框架向性别中立框架的转变，而另一些国家则朝着相反方向转变。导致这些转变的主要影响因素是国家制度、政治倾向、女性的政治影响力以及国际环境等。通过对这些影响因素的分析，可以看出各国采用不同的政策框架并非仅仅基于该政策框架本身的合理性和优越性，而是基于影响政策的不同走向的力量或因素之间的博弈结果。在当今中国首部反家庭暴力法生效之际，国外反家庭暴力政策变迁的经验可以为我国完善反家庭暴力政策法规提供诸多借鉴，不仅可以提供理论基础，而且可以在反家庭暴力工作的协调责任、政府与妇女组织的合作、女性参政以及公共意识提升等方面提供实践层面的借鉴。

The Evolution of Anti-Domestic Violence Policy Framework in Foreign Countries and Its Enlightenment to China

From 1980s to the beginning of this century, a number of countries in Europe and America have enacted policies of anti-domestic violence and experienced the evolution of policy frameworks. Two main policy frameworks have been created during the process of policy evolution. One is a gender-oriented framework, which emphasizes the connection of domestic violence with gender inequality. The other is a gender-neutral framework or non-gender framework which suggests that domestic violence should be brought into the existing issues of criminal justice. It deemphasizes the gender inequality of violence. The gender-framework is often adopted in the countries with a higher proportion of women in politics or active women's organizations. As a part of initiatives for gender equality, it pays more attention to care for the violence victims, women's empowerment, and combination of other policies against gender inequality. On the other hand, in countries where the discourse of gender equality is marginalized, governments are more likely to take gender-neutral framework in their anti-domestic violence policy, incorporating policies of anti-domestic violence into the existing criminal judicial or administrative issues. This non-gender framework is less possible to marginalize the domestic violence problems as ″women's issues,″ but its disadvantage is the lack of attention on gender inequality in domestic violence, and more focuses on punishment of the perpetrators rather than protection of the victims. In addition, national systems, political orientation, women's political influence and international circumstances are determinants that can influence the policy frameworks in its evolution of anti-domestic violence.. Thus, a country's adoption of a certain policy framework implies less the absolute rationality or superiority of certain framework itself, but it reflects more of the results of game playing among powers that support a given policy framework. In China, the first “Anti-domestic Violence Law of the People's Republic of China” (hereinafter referred to as“Anti-domestic Violence Law”) was enacted at the end of the year 2015, and has taken effect since March 1st, 2016. In fact, there have been policies concerning the domestic violence in some legal documents before then. For instance, in the “Law of the People's Republic of China on the Protection of Rights and Interests of Women″and the″Constitution of the People's Republic of China,″women as a vulnerable group are protected and women abuse is explicitly prohibited. By contrast, the newly enacted “Anti-domestic Violence Law″no longer emphasizes women as the exclusive victims of domestic violence, and it extends to″family members”and broader″people who live together.″These changes reflect that China's anti-domesticviolence policy is moving towards some more rigorous, more targeted objectives. However, how to accept the value of gender equality in the mainstreaming of gender equality is still in question. The experiences of foreign countries give China enlightenment in both theory and practice in coordination of responsibility, as well as in the cooperation between governments, women's organizations, women's participation in politics and public awareness promotion, etc., so as to further improve China's anti-domestic violence policy framework.