An Empirical Study On The Judicial Application Of The Anti-domestic Violence Law

Domestic violence has always been called “serious disease” in the world,and opposing domestic violence has become one of the major issues in the international community for more than 30 years.Many countries and regions have promulgated bills to prevent and punish domestic violence.China ’s first special bill against domestic violence law,the Anti-domestic Violence Law of the People’s Republic of China(hereinafter referred to as the Anti-domestic Violence Law),was officially implemented on March 1,2016.This law makes domestic violence bid farewell to the era of “domestic affairs”.Based on the big data analysis of domestic violence cases in Nanjing in the past four years since the implementation of the Anti-domestic Violence Law,this paper draws out the current status of the law’s application,finds out the deficiencies,and puts forward reasonable advice.It is found that the difficulties the application of Anti-domestic Violence Law are mainly embodied in three aspects: the rules of evidence,personal safety protection orders,and damage compensation systems.In China,the “who advocates and who proves” rules of evidence are adopted in cases involving domestic violence,which increases the burden of proof and risks of victims,leading to the phenomenon that it is difficult to identify domestic violence.In addition,due to the ambiguous definition of "family members" in China,the unclear responsibility for the enforcement of protection orders,and the lighter punishment for the violation of protection orders,there are certain defects in the application of personal safety protection orders in China.Finally,due to the vague recognition of the divorce damage compensation system and the provisions of the compensation standard,coupled with the lack of the marriage damage compensation system,the legal rights and interests of the victims can not be fully protected.In this regard,they should be improved from the perspective of civil legislation and criminal legislation.In addition,they should also vigorously exert the power of society to lay a solid foundation for the fruitful work of anti-domestic violence.First of all,the "dominant evidence" rule can be adopted,which greatly balances the interests between the victims and the perpetrators to a great extent.Secondly,theimprovement of the personal safety protection order system can be achieved by clarifying the scope of family members,changing the subject of enforcement,and adding special charges for violating the contents of the protection order,so that victims can clearly identify themselves when they suffer from domestic violence,and choose which way to use for legal relief,which effectively ensures the implementation effect and authority of the personal safety protection order.Furthermore,by clearly defining the standard of compensation for mental damages and establishing a system of compensation for damage within marriage,it can effectively safeguard the interests of the victims and make up for their trauma.Finally,through the establishment of multi-channel assistance mechanisms,such as domestic violence assistance foundations,medical aid stations and so on;and for another example,we should combine the power of the state with the power of social organizations and the public to jointly advance the fight against domestic violence and create a harmonious society.