An Analysis Of Several Legal Issues In Divorce Cases Involving Domestic Violence

In recent years,due to the living environment and working environment of complex and changeful,personal work under pressure and life pressure also increased gradually,the mentality of the imbalance of out of control,emotional,mental pressure,the influence of traditional ideas cause domestic violence frequency increases,domestic violence is not only a family internal contradiction,the social from all walks of life has more and more attention.Family violence is prohibited in China for "" for regulation,from the " marriage law ","the protection of women’s rights,the protection of minors," the protection of old people’s rights to the March 1,2016 implementation of anti-family violence law,has carried on the systemic rules and perfect to domestic violence,and embodies the respect for human rights and the safeguard,solve the problems of multi-sectoral management,law dispersed,provides a favorable support for judicial practice.Happy family violence legislation improvement,but as the divorce rate rise sharply,for domestic violence increased with a divorce case,law practice work highlights involving domestic violence law problems need further analysis and improvement.In this paper,in combination with judicial practice,from the family violence is involved in the divorce case,on the cognizance of family violence,evidence collection and admissibility,personal safety protection,analyzes three main aspects.Domestic violence in the judicial practice difficult,difficult to obtain evidence and proof difficult for recognition of the court of domestic violence the limitation of the admissibility of evidence and court evidence of domestic violence through traditional dispute resolution less attention;The personal safety protection order is applicable to the lack of applicable procedures,the operation of the victim,the lack of enforcement and the insufficient punishment.It is suggested that the definition of domestic violence in divorce cases should be formulated in a generalized and enumerated way.In the case of domestic violence evidence,the burden of proof should be redistributed,the proof standard of high probability should be introduced,and the public power should intervene to help the victim to obtain evidence and increase the character evidence of the type of evidence.In the aspect of personal safety protection,we should increase the application procedures,strengthen law enforcement and punishment,and increase the reporting system during the period of protection.To wade divorce case judicial status quo of the domestic violence through judicial practice found that the problem,to perfect the legislation,and then will improve after the law applied in judicial practice,and then found the problem,in order to constantly find and fix problems manner,conversion between legislation and judicial practice and perfect,in order to better realize the reality of law value,resolve disputes,protect the legitimate rights and interests of victims.It is hoped that the trial of divorce cases involving domestic violence has theoretical value and practical significance,which can help promote the benign development of social environment and maintain the harmony of the family.