A Study On The System Of Evidence Collection For Domestic Violence Crime

Society is made up of countless families,and the development of each family can promote the development of society as a whole.The widespread domestic violence in today's society has brought adverse effects on family harmony and social stability.Nowadays,the international community has paid enough attention to the prevention and management of domestic violence.Many countries and regions have established relatively mature anti-families.Violence mechanism.On December 27,2015,China passed the "Anti-Domestic Violence Law of the People's Republic of China".The promulgation of the laws of this Ministry reflects China's sufficient attention to building a civilized and harmonious society.However,in judicial practice,there are still problems in obtaining evidence of domestic violence crimes.The procedures for obtaining evidence of domestic violence crimes are strict,the victims are difficult to prove evidence,the evidence is insufficient,the witnesses are difficult to testify,the proof standards are too high,and the public power intervention is difficult.These problems are seriously affected.The effective resolution of such cases ultimately led to the protection of victims' rights.At this stage,solving the problem of evidence collection for domestic violence crimes and perfecting the rules of domestic violence crime forensics are the most important task in solving domestic violence crimes and safeguarding the legitimate rights and interests of victims.The main body of this paper is presented in four levels.The first part is an overview of domestic violence crimes.Starting from the basic connotation of domestic violence,this paper analyzes the main categories of domestic violence and points out the behaviors of domestic violence,including physical violence,spiritual violence,sexual violence,etc.,and then analyzes the specific connotation of domestic violence crimes.At the same time,it also expounds several characteristics of domestic violence crimes,namely,the behavioral subject is special,the criminal behavior is concealed,the violent behavior is cyclical and the evidence is not easy to collect,and the judicial relief is difficult.The second part expounds the status quo and defects of the domestic violence crime evidence collection system.Firstly,it introduces the current legislative situation of domestic violence crimes in China,mainly introduces the national anti-domestic violence convention that China has joined,the relevant laws and laws of China and local regulations.Secondly,it analyzes the evidence and proof in the domestic violence crime cases in China,and elaborates on the two aspects of evidence and proof.Finally,the shortcomings of the domestic violence system in China are introduced from the evidence-acquisition procedure and the judicial intervention system.The third part expounds the experience of extraterritorial domestic violence crime evidence collection system.It mainly introduces the relevant experience of extraterritorial crimes in domestic violence crimes.Firstly,it analyzes the police intervention system,the adoption system of the battered women's syndrome,and the victim's burden of proof system from the relevant experience of the United States.Then it analyzes the evidence collection system of British domestic violence crime cases,mainly introduces its multi-agency cooperation intervention system and sentencing system.It then introduces the unconditional judicial intervention system and the facilitation system of the rules of proof in the Norwegian state.Finally,it introduces relevant institutional experience in Taiwan,including the intervention system of public authorities and the system to strengthen the application of testimony of minor children.The fourth part elaborates the rational idea of perfecting the evidence collection system of domestic violence crimes in China.From the perspective of perfecting the evidence-acquisition system,perfecting relevant laws,strengthening the application of evidence,improving the rules of proof,and increasing the intervention of public power,respectively,and proposing relevant suggestions for perfecting the evidence collection system for domestic violence crimes,in order to solve the crime of domestic violence crimes in China.Institutional problems provide reference and reference.From the perspective of institutional norms and system construction,this paper attempts to sort out the current domestic violence crime evidence collection system and its existing problems,and comprehensively apply relevant professional knowledge,and try to analyze the current Chinese family by means of academic exploration and comparative research.The relevant issues of the violent evidence collection system,and based on this,put forward suggestions for the improvement of the system.