Discussion On Perfecting Evidence Rules In Domestic Violence Cases

Domestic violence,which is widespread,largely influences the harmony of family and the stability of society.On December 27,2015,the 18 th session of the 12 th Standing Committee of the National People's Congress passed the anti-domestic violence law of the People's Republic of China,which highlights China's emphasis on constructing harmonious and civilized family life.But because of the concealment of domestic violence and the specificity of domestic violence subject,in judicial practice,the determination of domestic violence has been one of the difficulties to solve.Collecting evidence is harder in the determination of domestic violence,it's difficult for victims in domestic violence to prove.The problem of collecting evidence is serious.Because of the lacking of evidence rules adopting to characteristics of domestic violence,the court is hard to check the determination of domestic violence actions in the proceedings,then it is hard to protect victims' legal interests in such cases.If the perpetrator does not admit,collecting evidence is difficult,and the relevant evidence is hard to be determined,the judicial remedy for the victims suffering from domestic violence is hard to be supported by the court.Therefore,the first and key problem that the anti-domestic violence facing to is to change the current situation of the difficulty of proving.It is important to study evidence rules reflecting the characteristics of domestic violence.The paper discusses from four aspects: The first part analyzes from the connotation and extension of domestic violence to expound domestic violence cases' particularity in China;the second part analyzes from the current application situation of evidence rules in domestic violence cases to expound the defects of application of evidence rules in domestic violence case;the third part lists related settlements overseas and enlightenments of domestic violence cases in China;the fourth part analyzes from the aspect of evidence system design to state and argue,at the point of adding evidence species,establishing advantage prove standard,inverting onus probandi,and emphasizing on the application of indirect.The paper provides related advices on perfecting evidence rules of domestic violence in order to provide reference to the application of the system.Combining with the analysis of related textbooks and theories,the paper tries to state related matters on domestic violence prevention by academic exploration thinking and comparison demonstration method,thus in order to producing a positive effect on perfecting further evidence rules of domestic violence cases in China,protecting victims' legal interests in domestic violence,preventing and stopping domestic violence actions.