On The Application Of Primary-face Proof In Civil Action Of Domestic Violence

Although the anti-domestic violence law of 2016 clarified the prevention and protection of domestic violence,it did not fundamentally solve the problem of domestic violence in civil litigation.Because of the characteristics of "concealment" and "privacy",evidence of domestic violence is not easy to collect and fix.In the lawsuit,the plaintiff can not prove the causal relationship and fault elements of domestic violence,according to the provisions of the civil procedure law,only because of the evidence can not bear the consequences of losing the lawsuit.Because of the difficulty in recognizing domestic violence,judges often ignore the recognition of domestic violence for the sake of efficiency.The difficulty of the plaintiff’s determination and the judge’s neglect both aggravated the occurrence of domestic violence to some extent.Therefore,how to solve the difficult problem of domestic violence civil litigation is worth our thinking.Based on the practice of domestic violence civil litigation,this paper analyzes the difficulty of domestic violence civil litigation identification on the basis of analyzing the causes of the problem,and proposes to solve the difficulty of domestic violence civil litigation identification with apparent evidence.As a part of the evaluation of proof,the primary-face proof alleviates the burden of proof of the plaintiff without changing the burden of proof,and helps the judge to form the evidence to infer the existence of domestic violence.This paper is divided into fourth parts.According to the ideas of proposing,analyzing and solving problems,the analysis is as follows:The first part mainly expounds the present situation and the problems caused by the apparent proof in the civil procedure of domestic violence.Firstly,it discusses the status of the lack of evidence.Secondly,it discusses the four main problems caused by the lack of proof in civil lawsuits of domestic violence: the first is that the plaintiff has difficulty to provide sufficient evidence;the second is that the evidence fails to meet the standard of proof;the third is that the judge plays down domestic violence;It was the judge’s disapproval of the plaintiff.The second part mainly analyzes the relevant theories of evidence in civil lawsuits of domestic violence.The first is to analyze the theory of evidence collection;the second is to analyze the burden of proof and standards;the third is to analyze the free evidence and the rules of thumb.The third part mainly analyzes the four main reasons for the lack of evidence in civil lawsuits of domestic violence: first,the evidence is not easy to collect;second,the current rules of certification are not conducive to the determination of domestic violence;third,the difficult identification due to different judgments in the same case;The fourth is the lack of regulations and review of the system of manifestation certification.The fourth part mainly discusses the construction and application of the apparent proof in domestic violence civil litigation.The construction rule is to establish a“ dual system ” where apparent proof and presumption of fact coexist in my country;apparent proof should be based on exhaustion of other possible means and apply.The application of the plaintiff includes the plaintiff ’ s responsibility for proving the basic facts of domestic violence and the plaintiff’s application of typical facts after helping the judge to clearly show the application of the proof;the application of the judge includes how to apply the proof of proof in the domestic violence civil lawsuit to the causality and fault elements Proof and how the judge strengthens the publicity of the mental evidence after applying the apparent proof,expounds the process of achieving inner conviction,applies the highly probable experience principle,handles the abnormal situation of apparent proof,and the application of apparent proof should be strict Review,as the defendant ’ s appeal grounds.