Research On The Identification Of Domestic Violence In Divorce Cases

It is generally believed that domestic violence is only zero or countless times,it seriously violates human rights and affects the harmony and stability of society.Although China's “Anti-Domestic Violence Law” has been applied to judicial practice and has been very effective,domestic violence is still difficult to prove.The determination of domestic violence is a major problem recognized by the theoretical and practical circles.From the perspective of the victim,it is difficult to obtain evidence.Even if the obtained evidence is submitted to the court,based on the particularity of domestic violence,the determination of domestic violence is incompatible with the application of the general evidence rules in civil litigation.From the analysis of a large number of samples of civil judgments,the author found out the influencing factors other than the evidence.Due to the vagueness of the criteria for determining domestic violence,the judges' attitudes in determining domestic violence are different.The focus of the case shifted to whether the feelings between the parties broke completely.In addition,in such family cases,the focus is on leading judicial mediation,and the determination of domestic violence is often easily overlooked.Therefore,this article mainly explores ways to identify domestic violence from multiple aspects,and is committed to breaking through the dilemma of domestic violence being difficult to identify in divorce cases.This article mainly discusses through five parts:The first part briefly explains the current judicial status of divorce cases involving domestic violence in the context of the implementation of the Anti-Domestic Violence Law,and puts forward the identification difficulties that domestic violence still faces in judicial practice,and points out the need to solve this problem To lay the groundwork for exploring ways to identify domestic violence below.The second part is about the relevant provisions of the definition of domestic violence in China.The author mainly analyzes the scope of domestic violence,the typesof behavior and its attributes.Strictly regulating domestic violence and clarifying the boundaries of domestic violence are important prerequisites for the study.The third part is to clarify the status of the trial of domestic violence divorce cases.Taking city S as an example,the author collected 128 samples of domestic violence divorce cases and conducted statistics,and organized and analyzed the system,including the types of domestic violence And their proof,the parties' evidence,and the conclusion of the case,in order to study how the judge uses evidence to determine the facts of domestic violence in judicial trials,and whether there are other influencing factors.The fourth part is based on the current judicial status of domestic violence divorce cases,and further analyzes the reasons why domestic violence is difficult to determine.The parties have long reached a consensus on the difficulty of providing evidence.The author has not discussed too much.In addition,there are limited types of credible evidence in the process of determining domestic violence,which increases the difficulty of providing evidence to a certain extent.The application of the rules of evidence has always been the primary problem in the determination of domestic violence,so it is necessary to reflect on the rules of evidence applied in family proceedings.In addition,the author believes that the judge's cognitive deviation and the influence of judicial mediation often lead to neglect of domestic violence.The fifth part mainly improves from various aspects to fill the gaps left in the relevant provisions of the “Anti-domestic Violence Law”,especially the handling mechanism for domestic violence,such as clarifying the power of the court,regulating the law enforcement of public security organs,and linking various agencies Cooperation,these legal mechanisms that can help victims to fix evidence urgently need to be refined and refined;re-examine the rules of evidence and reconstruct it,and appropriately expand the credibility of evidence: clarify the relationship between judicial mediation and domestic violence,and reflect on mediation at home “The role played” in the determination of violence;correct the judge's cognitive deviation,improve the skills of family trial,and use these as the focus point to elaborate and demonstrate,so as to break through the dilemma of domestic violence determination.