A Study On The Dilemma And Countermeasures Of Domestic Violence

As a hot social issue,domestic violence will not only violate human rights,but also destroy family harmony and affect social stability.At present,domestic violence exists in our families to varying degrees.With the improvement of awareness of safeguarding rights,more and more victims of domestic violence choose to resort to the courts to be rescued.However,there is a low recognition rate of domestic violence in local courts in our country,which seriously hinders the way of protecting the rights of victims of domestic violence.For the difficult problem of identifying domestic violence,there is no lack of high quality research results in the academic circles of our country,among which the mainstream view is that the proof of the parties can not be the main cause of the predicament of the identification of domestic violence in our country,so The academic research on the evidence system of domestic violence cases is more concentrated,but the problem of low recognition rate of domestic violence has not been solved.Therefore,it is necessary to comprehensively analyze the causes of difficulties in the identification of domestic violence,especially for factors other than evidence.Only by finding out the causes can we provide feasible suggestions for effectively solving the difficult problems in the identification of domestic violence.Based on the judgment documents of 2018 civil cases involving domestic violence in S City,this paper makes an empirical analysis,and finds that domestic violence is really difficult to be identified in practice,so it further analyzes the reasons why it is difficult to be identified.For example,the degree of violence is not defined in legislation,it is difficult to distinguish between domestic violence and family disputes,and judges have a negative attitude in trial.Then,in the third chapter,the author draws lessons from the excellent experience of dealing with domestic violence cases abroad,and unifies the reality of our country,from the clear violence degree standard,strictly distinguishes the domestic violence and the family dispute.It is true to strengthen the professional level of handling domestic violence cases.In practice,some concrete suggestions are put forward to solve the difficult problems in the identification of domestic violence.