An Empirical Study On Implementation Effect Of Anti-Domestic Violence Law Of PRC

This thesis is an empirical research on 626 written judgement on civil cases of first instance,which are randomly chosen from Hebei Province,Hubei Province,Anhui Province,Zhejiang Province and Guangdong Province.All the cases involve domestic violence and they will be analyzed statistically so that deficiencies and problems under current judicial practice can be revealed and relevant solutions and suggestions be proposed.This thesis is divided into three parts besides preface and conclusion.Chapter 1 is the empirical study of DV cases.These cases are firstly approached from the perspectives of Time of Occurrence,Provincial Comparison and City-Country Comparison.Then,under each perspective,these cases will be described and analyzed on the basis of Cause of Action,Type of Violence,Evidence Adducing,Verification of DV and Its Effect.Since the law's implementation,cases involving domestic violence surge in quantity;cause of action and type of violence are found to have varied throughout the provinces above.Compared with country cases,urban ones are much more diverse and complicated in cause of action.However,most cases lack evidence adducing and the court rarely verifies domestic violence.Anhui Province,Hubei Province and Zhejiang Province have more cases with evidence adducing than the rest.More evidence adducing and verification of DV are found in urban cases than the country ones.Chapter 2 reveals the deficiencies in the legal practice of avoiding and processing of DV.Since the Law's implementation,types of DV are found complicated and difficult to verify and they have minimal effects on the final judgement.Litigants' ability to adduce evidence proves to be weak and their evidence are found indefensible.Rule of evidence is thought to be indefinite.Furthermore,the Law,the application for Habeas Corpus and compensation encounter a low rate of usage.Chapter 3 proposes suggestions to improve the Anti Domestic Violence Law and its practical effect.Basing on the empirical study and from the point of legislation,it's suggested that legal concepts in articles be specified,articles involving evidence be modified to cover more people who could apply for Habeas Corpus.On judicial level,all departments are encouraged to set up an efficient linkage;rule of evidence needs to be perfected;and judges need to be more aware of anti domestic violence.Socially,people shall raise their legal consciousness and an anti-DV atmosphere shall be created throughout the society.