Empirical Study On Judicial Relief Of Legal Right Of Women Of Subjected To Domestic Violence

Domestic violence is a global problem,which has attracted much attention in the world.In recent years,domestic violence in China has been exposed to people's vision,such as Li Yang case,Dong Shanshan case and so on.Since March 1,2016,China has formally implemented the Law of the People's Republic of China on Anti-Domestic Violence.Since then,China has formed a legal system of prevention and relief for women victims of domestic violence,such as the Law on Anti-Domestic Violence,the Marriage Law and the Law on the Protection of Women's Rights and Interests.In addition,the Civil Law and its relevant civil laws,the Criminal Law and the Law on Punishment for Public Security also play a certain role in relieving women when they are infringed upon.In order to better understand the operation of the judicial relief mechanism for women subjected to domestic violence,this paper takes 558 divorce disputes judgments related to domestic violence as the research object,analyses the current situation of judicial relief for women subjected to domestic violence in China,and finds out the shortcomings,in order to better improve the judicial relief for women subjected to domestic violence and enhance the strength of judicial relief for women subjected to domestic violence.This paper is mainly divided into four parts:The first part mainly explains the collection and screening of 558 divorce disputes judgments,and makes empirical research hypothesis on the authenticity and scientificity of these sample documents.The second part mainly analyses the current situation of judicial protection of the rights and interests of women victims of domestic violence in China.The article mainly discusses the following four aspects: whether women victims of domestic violence claim damages to the court,the acceptance of evidence provided by the court to women victims of domestic violence,the support of the court for divorce claims of women victims of domestic violence,and the relief role of lawyers in participating in cases.The third part mainly discusses the difficulties and dilemmas of judicial remedies for the rights and interests of women who are victims of domestic violence in China.The low proportion of domestic violence women's claims for damages is mainly affected by traditional cultural concepts,imperfect legal system,inadequate legal popularization and other aspects;the low acceptance of evidence provided by courtsto women victims of domestic violence is mainly due to the difficulties in obtaining evidence,testifying and certificating;and the low support for divorce claims provided by courts to women victims of domestic violence is due to domestic violence cases.It is difficult to prove that domestic violence is not the sole or even the main basis for the court's decision on divorce.The court also needs to consider other factors,such as children's problems and the length of marriage.The role of lawyers in domestic violence cases is obviously due to the lack of detailed division of the lawyer industry,the lack of expert lawyers on domestic violence and the ability of domestic violence.There is less evidence available.The fourth part mainly puts forward specific countermeasures for the above analysis.To improve women's awareness,we should make good use of various propaganda methods,increase propaganda and enhance women's awareness of safeguarding their rights;to improve the compensation system for damages,we need to combine the tort liability law and marital property system;to improve the evidence system is to improve the expert witness system and character evidence on the basis of the current system in China,and to make greater efforts to use of minor witness testimony and the application of testimony to prove the origin.In order to reduce the standard of proof of domestic violence,police intervention should be strengthened and the applicability of evidence issued by public security organs should be strengthened;the standard of litigation divorce and the improvement of emotional breakdown should change "emotional breakdown" into "marital breakdown" so as to make it more scientific and rigorous;the training of professional domestic violence talents should pay attention to the training of judges and lawyers,so as to make domestic violence cases more scientific and rigorous.The trial is more professional,so that the lawful rights and interests of women subjected to domestic violence can be better safeguarded.