Research On The Evidence Rules Of The Domestic Violence's Determining

The Law of the People's Republic of China on Anti-domestic Violence(hereinafter referred to as Anti-domestic Violence Law)being implemented in 2016.As the first anti-domestic violence law of China,it has provided a specialized law for the domestic violence cases in application,and it also has a deeply meaning of prevent domestic violence.However,this law doesn't set up a complete evidence rules for the specialties of the domestic violence case.In judicatory practice,the evidence of domestic violence is difficult to collect and the domestic violence is hard to certify by the court so that the victim of the domestic violence couldn't get enough protecting from litigation.Therefore,in order to prevent the victim and solve the international problem of domestic violence,it is necessary to continue explore the new rules from the legislation and judicial levels to solve the problem of proving domestic violence.This study can enrich the theoretical connotation of domestic violence prevention and control,and also can help to improve the rules of evidence of domestic violence,reduce the burden of proof of victims in family cases,and promote the success of domestic violence in judicial practice identified.Specifically,first of all,this article introduce the concept of domestic violence and the components of the domestic violence;Secondly,the article has analyzed the research data of the institute and court,the author also collected 89 cases that involving domestic violence,and analyzed these cases from different ways and raised the current situation of the progress of proving domestic violence.Thirdly,point out the disadvantage of the existing rules of evidence from the aspect of obtaining evidence and proving.And Then,this paper describes some countries' anti-domestic violence legislation and rescue measures hoping to improve the situation of our legislation.Finally puts forward some suggestions on the improvement of the rules of evidence in the cases of domestic violence in our country.