On The Judicial Remedy Of Domestic Violence

Domestic Violence, a sensitively social problem, being restrained by ethicalmorality and cultural tradition, was always neglected by the society. In China, itdid not attract the public attention until the 1995 World Women Conference washeld in Beijing.At present, more and more people pay attention to it, and start to research onit. The passages and articles that the scholars get and publish are mostly in social,civil and criminal field, however, in civil procedural field, the researches that dealwith the judicial remedies is almost none. While, civil procedural system, as themost important and authorized disputes resolving system, pays little attention tothe trial of Domestic Violence cases, giving remedial measures to the victims,punishing the tort-feasors.Based on the research of occurrence of domestic violence and the practiceof judicial remedy, this passage renders some perfecting measures of judicialremedies towards domestic violence, from the respect of civil procedural system,to achieve the purpose of protecting the victim, resolving the case impartially andeffectively, and the establishment of the perfect legal environment and system.Apart from preface, the passage includes three parts:First part talks about the concept of Domestic Violence and thecharacteristics of Domestic Violence cases. At present, no act or regulation,except for Supreme People's Court, defines the concept of Domestic Violence.As for the characteristics of Domestic Violence cases, compared with propertydisputes, Domestic Violence is special for the tight relationship between litigants;compared with physical disputes, Domestic Violence case is different for theviolent behavior that was done by tort-feasors towards victims.Second part deals with the practice of judicial remedies towards DomesticViolence. Judicial remedies include lack of the legal regulations. The principle isnot adaptable for judges to adjudicate Domestic Violence case. The practice ofjudicial remedies demonstrates lacking specified legal regulations, as the basisfor tendering remedy to victims. The practice of judges when deal with Domestic Violence case shows that the lawsuit is hard for the litigants to institute, thetestimony, which is difficult for the victims to reserve and tender to the court, ishard for judges to affirm, when the proceeding goes into the coercive period, thephysical rights of the victim is hard to protect, as he or she may have to livetogether with the tort-feasors, the verdict or the judgment can not be carried outwithout any difficulty.The third part talks about the meaning of perfecting judicial remediestowards Domestic Violence, the reference of judicial remedies of other countries,for example the civil protecting order of America and the mediation system ofJapan, the perfecting measures of judicial remedies that can be constructed. Themeaning of perfecting judicial measures includes that the pursuit of treating thepeople as the fundamental basis, justice and equity. The perfecting measuresinclude perfecting the regulations, enacting Family Law, establishing the familycourt and making some improving measures when judges adjudicate theDomestic Violence case.