Research On The Evidence System Of Anti-domestic Violence Law

Family violence is a serious violations of the important causes of human rights, and divorce cases, seriously affects the stability and well-being of your family, in order to control and prevention of domestic violence, reconstructing equal status in the family and harmonious family relations, the legal regulation of domestic violence has become common practice all over the world. In our country, because of the long-term traditional thought, social ethics, family violence victims are often difficult to talk, and silently endure, people are accustomed to the family violence in the family private areas. Based on the consideration of the private family life without excessive intervention, the protection of public power to the victims of domestic violence is obviously lagging behind, usually only in the case of the rise in domestic violence as criminal cases, the public power is a powerful intervention to investigate the perpetrators of criminal or who was forced to "violence against violence" primary victims of domestic violence responsibility. As a matter of fact, the family is the basic unit of society, family health whether or not related to the harmony and stability of society as a whole, and domestic violence generation and spread on the family and social hazards can’t be underestimated, domestic violence not only seriously infringed the personal rights and interests of the victims, but also seriously affect the stability of the family, the social harmony and stability of the huge hidden dangers.Huang Ermei, vice president of the Supreme People’s court, said: "domestic violence seriously undermine family relations, shake the foundation of society, damage the image of the country." Obviously, the problem of domestic violence has been rising as an important social issue that needs the whole society to focus. On December 27, 2015, the twelfth session of the Standing Committee of the eighteenth National People’s Congress passed the "Law of the people’s Republic of China on Anti-domestic Violence"(hereinafter referred to as Anti-domestic Violence Law), fully respond to the public’s eagerly looking forward, reflecting the respect and protection of human rights in our country, the establishment of a personal safety and protection of the ruling system, and many other worthy of recognition. But we also want to see, Anti-domestic Violence Law although solve the problem of mufti Multi sector cross management of domestic violence cases, the law applicable to the problem of scattered, but still not perfect, the operation is not easy, and so on. For example: in the judicial practice, the victims of domestic violence cases, the evidence is difficult, difficult to obtain evidence, the judge is difficult, difficult to judge the problem is particularly prominent, the victims of domestic violence often lost, so that the victims of the disadvantage of the original is difficult to safeguard their legitimate rights and interests. Therefore, it is obviously very important and imperative to actively explore ways to solve the problem of domestic violence, to establish and improve the Anti-domestic Violence Law.From a large number of cases of domestic violence can be seen, the victims of domestic violence from the physical, economic, ability is vulnerable groups, after suffering from domestic violence facing pervasive evidence rules of proof standard is too high, difficulty to obtain evidence burden of proof problems, to safeguard their legitimate rights and interests to bring a lot of difficulties, vulnerable groups should be subject to legal protection, the Anti-domestic Violence Law should be fully consider their plight, in the evidence system is formulated in terms not only to clear in the form of family violence evidence collection procedures, methods, scope, type, but also to provisions in principle to victims of domestic violence cases make tendency- for example, improve the distribution system of the burden of proof, reduce the standard of proof, the realization of judicial justice and provide legal support and policy guarantee for the whole society of family violence prevention and control work. To realize the justice of justice, to provide legal support and policy support for the family violence prevention and control work in the whole society. Therefore, focus on the evidence system in the Anti-domestic Violence Law research, clear anti-domestic violence law evidence system of special and important role, comprehensive analysis of the existing problems and reasons, then find the measures and methods to establish and improve the system of evidence, in order to solve the problem of proof of family violence cases to seek a feasible solution, has important practical significance and theoretical value.