Evidence Of Domestic Violence Crime Applies

Domestic violence has always been a common concern and a long-term topic of discussion around the world.On how to prevent and punish domestic violence,most countries have issued corresponding laws to regulate it.December 27 th 2015,At the 18 th session of the standing Committee of the 12 th National people’s Congress,the first law on domestic violence in China was passed,which is an important milestone in the field of domestic violence prevention in China.The introduction of the Anti-domestic violence Law has filled the gap in the national legal provisions on domestic violence cases,and has made general provisions on the prevention and treatment of domestic violence.And specifically provides for the protection of victims of domestic violence by personal protection orders.However,there are still problems with the operation of the law and the lack of practicability,especially what evidence can be used in domestic violence cases.How to retain evidence and how to provide evidence are all seriously inadequate.Therefore,this article will discuss the evidence of domestic violence crime from this point of view.Domestic violence is a long-term,circular act of violence committed by the perpetrator against the victim for the purpose of control.In general cases of domestic violence,there are two types of cases: controlled violence and reactive violence.Reactive violence is generally regarded as a "Sequential" of controlled violence,that is,in order to get rid of the abusive behavior of the abuser,"violence with violence".Many people think that the crime of domestic violence can be governed by the universal criminal evidence system stipulated in the Criminal procedure Law.However,the crime of domestic violence itself is quite different from the ordinary criminal crime.It has many special features,such as the difficulty of producing evidence,the difficulty of retaining evidence,and so on.Therefore,scientific methods must be used to solve the evidence problem in domestic violence crime flexibly.In this paper,we will use the existing domestic violence evidence legislation as the background,combined with specific cases to put forward the difficulties in the application of evidence in the practice of domestic violence crime,and in the characteristics of domestic violence crime itself and the lack of legislation to analyze the specific causes of these difficulties,and finally put forward the author’s design to solve the difficulties of the program.