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“家庭成员以外共同生活的人”是《反家庭暴力法》第三十七条规定的准家庭暴力的主体。基于对该概念的法解释学分析,家庭成员是以婚姻或血缘为联结纽带,并具有法定权利义务的人,家庭成员以外共同生活的人则是不具有家庭成员关系,但共同居住于同一处所并形成情感、经济等方面紧密结合的人。认定家庭成员以外共同生活的人应遵循实质相似性标准,即与相应家庭成员在共同生活的内容上实质相似,但对该标准的把握不宜过于严苛,可适当低于对家庭成员的要求;对法律有特别规定的,可免于适用该标准。《反家庭暴力法》第三十七条的适用情况表明:应在法律中明确家庭成员的具体范围,并将准家庭暴力的主体范围扩展至未共同生活的前配偶。
“People living outside family members ” is the subject of quasi-domestic violence stipulated in Article 37 of the Anti-Domestic Violence Act. Based on the legal hermeneutic analysis of the concept, family members are those who have the legal rights and obligations due to their marriage or blood relationship, and those who live outside their family members do not have family memberships but live together in the same place And the formation of emotional, economic and other aspects of the close combination of people. Those who consider that they live together outside their family members should follow the substantive similarity criteria, that is, they should be substantially similar to their relatives in living together. However, the standard should not be held to be too harsh and may be lower than the requirement for family members. There are special provisions of the law may be exempted from the standard. The application of Article 37 of the Domestic Violence Act shows that the specific scope of family members should be clearly defined in the law and that the scope of the subject matter of domestic violence should be extended to ex-spouses who have not lived together.