Research On The Key Issues Of Special Legislation Of Domestic Violence

Domestic violence is a social issue, penetrating into various regions, races, nationalities and societies. The traditional moral rules in current china obviously lack of force to tackle this issue while relevant policies and legal regulations not only were scattered but also show want of enforceability. therefore, the enactment of a special domestic violence prevention law appears to be extremely in need .As a very broad concept, domestic violence now has no unified definition .This paper argues that the definition of domestic violence shall be"multi-layer",and the types of domestic violence shall also include spiritual and sexual abuses instead of being limited into physical violence .Due to the fact that the present legal rules in China fail to provide sufficient and effective remedies to the victims of domestic violence, so this paper suggests that the special legislation on domestic violence many absorb the"civil protection order"widely-practiced in common law countries, as an useful means to solve this problem.From the procedural law perspective, the current legal rules are short of procedural and evidence rules exclusively enforced for domestic violence cases, which, in practice, leads to the extra-heavy burden of proof on the victims, or even the victim fail to produce adequate evidence. So this paper proposes that inversed burden of proof in civil litigation of domestic violence shall be adopted,and the expert testimony rule on"battered woman syndrome"used in common law countries be introduced into the legal practice of China in order to provide justifiable defense for domestic violence victims in the particular circumstance of"resisting violence through violence".