Study On The Prosecution System Of The Crime Of Abuse

With the promulgation of the Anti-Domestic Violence Law and the strengthening of the awareness of the rule of law,we pay more attention to the crime of domestic violence.In judicial practice,the crime of abuse has become the main and universal crime on combating crimes of domestie violence.Therefore,we ean discover the dilemma of domestie violenee in judicial practice and combat the crimes of domestic violence more effectively by the research on the crime of abuse.The crime of abuse is one of the crimes to be handled only upon complaint in the criminal law of China.The crime must be told by the victim,and the Court can pursue the criminal responsibility of the victim.Through the research,it was found that the judicial practice prosecution system was not successful.Through statistical analysis of the judgment documents collected from the Chinese Referee website,the number of abuse cases entering the judicial process is rare while the domestic violence occurs frequently.By counting the identity of the victims,it was found that victims of abuse cases are often vulnerable groups in families such as minors,the elderly,disabled or seriously ill,pregnant or breastfeeding women.After statistics on the settlement of private prosecution cases,it was found that 48.2%of the cases in the private prosecution cases were rejected by the court due to insufficient evidence or dismissed.Through the statistical analysis above,it is found that in judicial practice,victims of private prosecution cases of the crime of abuse often face difficulties in prosecution and making evidence.Although there are many reasons for this judicial status quo,we should first consider the prosecution system.There are many positive meanings in the implementation of the prosecution system of the crime of abuse.First of all,the implementation of the prosecution system reflects the requirements of the principle of modesty of criminal law.Secondly,it protects the special emotions and interests of the victims,and the judicial resources are saved to a certain extent.At the same time,it should also be recognized that the decision of the victim's discretion may not exist in judicial practice.The implementation of the prosecution system is out of touch with the anti-domestic violence law legislation on combating domestic violence.The legislation and judicial practice incorrectly equate the prosecution system with the litigation model of private prosecution.By considering the pros and cons of the prosecution system,in the face of the predicament of the abuse in judicial practice,it puts forward some suggestions from the legislative and judicial aspects.Three perfect programs have been proposed from the legislative side:one is to abolish the implementation of the prosecution system.Second,considering that the existence of the prosecution system has its own value,it is possible to introduce a mixed prosecution mode on the premise of retaining the prosecution system of the crime of abuse,and to distinguish the relationship between the prosecution system and the prosecution mode of private prosecution and public prosecution.Third,under the premise of retaining the existing prosecution system and the prosecution of private prosecution,the standard of proof for private cases of the crime of abuse is appropriately reduced.In addition,two suggestions are also proposed from the judicial point of view:public power actively involved in cases of ill-treatment and broadening the relief of victims.