A Study On The Evidence In The Legislation Of Domestic Violence Prevention And Control In China

Family is the basic cell of society. Harmonious family relation has been regardedas the positive element structuring the modern social civilization.Unfortunately, it hadto make is that domestic violence is widespread in worldwide. This behavior isagainst to the personal rights, not only offense, but also makea negative impact to thepeace and stability of the family and society.Presently, regulating the domesticviolence by law has become an international consensus. But there exist dispersivelegislation, deficient content, weak operation and other problems in provisions relatedto domestic violence in China. In judicial practice, evidence is the serious problem,which often brings adverse influence to sufferer when maintaining interests in casesof domestic violence. Therefore, researching and confirming the evidence systemduring preventing domestic violence cases have significant realistic meanings andtheoretical value.This paper consists of five parts except introduction and conclusion.The first part states the definition of domestic violence in other countries andthen gives its definition and behavior types in China. The second part concludes thecurrent situation of legislation in relation to domestic violence, brings forward sometypical problems occurred in preventing domestic violence by evidence system andanalyzes its specific reason. In the third part, it introduces legislation situations ofdomestic violence in other countries and emphasizes on the introduction of theexperience of evidence system. Fourthly, it states and demonstrates domestic violencethrough commencing the designation of evidence system in preventing domesticviolence and emphasizing on apparent proof, syndrome suffered by abused womenand civil protection writ, which is the main part of this paper. The fifth part analyzesthe necessity to the legislation in preventing domestic violence and stresses on thesuggestions to structure evidence system in order to as references for its application.This paper comprehensively comb and analyzes evidence problems existed in theprevention of domestic violence with a view to regulation and procedure structure.Among this paper, the comparative method is mainly used in the first and third part,and the theoretical analysis method is applied to state the current situation, weaknessand suggestions of evidence system used to prevent domestic violence in other parts.