Research On The Identification Of Domestic Violence

Domestic violence has aroused widespread concern in the international community.It undermines the steadiness of the family and affects the stability of the society.The physical and mental health of the members who suffer from domestic violence is severely damaged.What's more,they may even distort their minds and eventually go on the road of breaking the law and committing crimes.In recent years,people from all walks of life pay more and more attention to domestic violence.The state has introduced special legislation to prevent and control domestic violence,and most provinces and cities have formulated regulations to prevent and control domestic violence,The theoretical research on domestic violence is numerous.However,there are many shortcomings in domestic violence prevention and treatment legislation,and it is always difficult to identify domestic violence cases in judicial practice.This paper focuses on the identification of domestic violence,discusses the defects existing in current legislation and judicial practice,and puts forward personal Suggestions for improvement.In addition to the introduction,this paper is divided into four parts:The first part analyzes the concept of domestic violence,the meaning of domestic violence and the factors to be considered.This part gives a comprehensive understanding of domestic violence from a macro perspective:On the one hand,from the perspective of western countries and Taiwan region of China,combined with the theory of our country,briefly explain the current legislative provisions of the deficiencies;On the other hand,the purpose of the identification of domestic violence is indicated by expounding the significance of the identification of domestic violence.This paper analyzes the factors involved in the identification of domestic violence and puts forward the viewpoints of this paper and the emphasis discussed below.For in-depth discussion of the identification of domestic violence to lay a foundation.The second part,based on the status quo of domestic violence identification in China,discusses the shortcomings of the current domestic violence identification model in China.This part is divided into two parts:legislation and judicial practice.By exploring the identification of the scope of domestic violence subject and behavior mode in China's legislation,the evidence rules adopted in domestic violence cases are analyzed to find out their defects:China's legislation is too narrow in its identification of the scope of subjects,and does not respond to spouses,parents and children who can undoubtedly serve as family members,and avoids the former spouses,cohabitants and other subjects who are controversial and need urgent protection.The identification of behavior pattern does not involve the prevention and treatment of sexual violence.In addition,in judicial practice,the identification of domestic violence cases has been difficult to solve,mainly from the burden of proof,proof standards,evidence types of three aspects to analyze the deficiencies of China's evidence rules,in order to make preparations for solving the difficult problem of identification.The third part studies the status quo of extraterritorial legislation on domestic violence identification,probes into the mature experience of the United States,the United Kingdom and Taiwan in domestic violence prevention and control,and analyzes its advantages that are worthy of our reference.The fourth part summarizes and refines the first three parts,and absorbs the advanced legislation through the comparative analysis of foreign legislation.Combined with the current situation of our country,the author puts forward individual Suggestions from the aspects of subject scope identification,behavior pattern identification and evidence rules:The range of family members should be broadened and ex-spouses and cohabitants living together should be treated as family members for protection;The pattern of behavior should increase the type of sexual violence;The perfection of evidence rules includes reasonable distribution of burden of proof,application of proof standard of probability advantage principle,standardization of evidence type,giving full play to the role of witness testimony and docunentary evidence.