A Study On The Evidence Of Domestic Violence Crime

With the transition and development of society, people put more and more attention on their personal life and requirements. However, families as the most important unit of society are facing serious problems. Domestic violence crime with serious results has arisen widely attention of the local government and international voice. The legal department of our central government has displayed the outline of the Anti-Domestic Violence Crime Law to hear advices of all walks of life, which indicates the importance of building a harmonious family relationship at the reforming situation. The’defects of evidence rules on domestic violence crime cannot meet the special character of domestic violence crime, which has resulted a sharp contrast and many legitimate rights of the victims cannot be protected at the present evidence rules. The function of family as a happy home and warm harbor has been ruined, which affects the anticipation for a harmonious life and the improvement of happiness. We do not consider the particularities of domestic violence crime at the admissibility and identification of evidences. The concealment and special identity of domestic violence make it difficult for others to know and lack of the witness. The weak position at economy and education of the victims further aggravate the difficulties on providing proofs. The public welfare and particularity of its relevant protecting legal rights of domestic violence crime require special rules on evidence rules, through this way to achieve the purpose of prevention and control of domestic violence and safeguard the legitimate rights and interests of victims.Victims of domestic violence due to fear of suffering more severe retaliation or economic sanctions always refuse to state of the violent crime, which make the trial tend to lack of direct evidence, such as the victim statement and testimony of witnesses. Most evidences of domestic violence turn to be indirect evidence, such as the victim’s medical records, certificate of diagnosis, forensic assessment, etc. Because the lack of evidence rules adapted to the characteristics of the domestic violence, it is difficult to verify domestic violence at the trial, which caused great difficulties on judicial relief to the victims. If the responsible person does not recognize and the victims cannot provide sufficient evidences, which makes the victims difficult to obtain the court’s support of judicial relief.In the judicial practice the defects of domestic violence crime remedy system is the defects of evidence rules. The main problem is difficulties on providing and identifying evidence. we do not consider the particularity of domestic violence on collecting evidences, providing evidences and identifying evidences, the legitimate rights and interests of domestic violence victims is hard to get effective protection. Therefore, at the current situation the most critical problem of anti-domestic violence is to change the present situation of providing evidences and to develop better evidence rules that can reflect the characteristics of domestic violence. This article is written from the perspective of evidence research of domestic violence crime in the judicial practice to explore an applicable way to solve the issues of domestic violence on criminal evidences in our country. That is to build special evidence rules on domestic violence crime. To develop national level Anti-domestic Violence Law and unified the domestic violence criminal evidence rules; To establish mandatory medical staff reporting system and judicial appraisal mechanism on domestic violence psychological harm; To implement relatively broad standards on adopting evidences, to determine the effectiveness of propensity evidence, battered women syndrome, minor children’s testimony in domestic violence crime cases; To make a proper distribution on the responsibilities of providing evidences, to shift the burden of providing evidences rule and apply the obvious proving principle to reduce the burden of victims; To emphasis the importance of adopting indirect evidence and establish the principle of public prosecution on domestic violence crime. I hope these measures can make sense to further perfect criminal evidence rules on domestic violence. It will play a positive role at preventing and stopping domestic violence to effectively protecting the legal rights and interests of victims.