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《反家庭暴力法》的立法工作从酝酿筹备到出台实施经历了20余年,监护人可撤销监护权、保护范围扩至“共同生活”、知情者不报受罚、精神暴力被纳入家暴范畴系成为本法的亮点。但相关规定与中国传统观念存在着几个方面的矛盾与冲突。文章主要针对相应的分歧与其立法必要性进行分析及阐述,以期本法能够为新时代下自由平等的家庭关系提供更好地保障。
The Anti-Domestic Violence Law’s legislative work has been carried out for more than 20 years from preparations for preparation to introduction and implementation. Guardians can withdraw their guardianship rights and their scope of protection has been extended to “common life ”. The insiders report no punishment and mental violence is included in the domestic violence category Department of this law highlights. However, there are contradictions and conflicts in several aspects between the relevant provisions and the traditional Chinese concepts. The article mainly analyzes and expounds the corresponding differences and the necessity of legislation, so that this Law can provide better protection for the free and equal family relations under the new era.