Affirmation On Family Violence By Procuratorial Organ

Public prosecution departments of procuratorial organs play an important role in connecting the preceding with the following in criminal proceedings.The duties of examining and prosecuting,appearing in court and accusing crimes are of great significance in combating crimes and ensuring the unification and correct implementation of national laws.However,through the collection and comprehensive analysis of relevant cases,the author finds that in Q City procuratorial organs,in domestic violence criminal cases where the victim kills or injures the perpetrator because of the intolerance of long-term domestic violence,the comprehensive effect of various factors affects the identification of domestic violence by the prosecution department in the indictment.The author has many senior members.Interviews with prosecutors further confirm this issue.From the perspective of Q City procuratorial organ,this paper finds that even if the prosecutor finds the facts and relevant evidence of domestic violence in the stage of examination and prosecution,some structural problems arising from the procuratorial system mechanism,the scarcity of evidence,the inconsistency of identification standards,and the traditional attitudes of prosecutors still have a vital impact on the identification of domestic violence.In the introduction,the article first elaborates the background,research routes,data sources and relevant theories of the problem.The second part starts with the role,value and specific legal provisions of the right of public prosecution,and analyses the duty and significance of the prosecution department in examining the facts of domestic violence,and the domestic violence in which the victim kills or injures the perpetrator.The third and fourth parts analyze the reasons that affect the identification of domestic violence by prosecutors in criminal cases,and put forward relevant countermeasures and suggestions,and finally put forward conclusions.From the aspects of the scarcity of evidence concerning domestic violence and the different criteria of identification,the pressure brought by victims and defenders on prosecutors to identify domestic violence,the function orientation and objective obligations of prosecutors,and the influence of traditional ideas on the identification of domestic violence,this paper makes a thorough study and analysis of the factors influencing the identification of domestic violence by prosecutors in the stage of examination and prosecution from the perspective of Prosecutors of Q City procuratorial organs.In the current judicial practice of China,the determination of the problem of "domestic violence" is between the reasons of improving the efficiency of resolving disputes and resolving the objective conflicts of social contradictions in the civil trial process,and the determination of "domestic violence" in criminal cases is also affected or restricted by many factors.Whether this problem exists in other aspects and links of the judicial process remains to be further studied.Research.