On The Distribution Of Burden Of Proof In Civil Action Of Domestic Violence

The phenomenon of domestic violence has a long history,but due to the influence of traditional concepts and unequal status between men and women,the possibility of eliminating domestic violence in a short time is extremely low.The existence of domestic violence not only destroys family harmony,but also threatens social harmony and stability.Specifically speaking,as a kind of tort,domestic violence not only infringes on the personal rights and interests of the victims,but also may affect the property interests of the victims in relevant civil cases.Therefore,more and more victims resort to civil proceedings,with the purpose of helping themselves out of the predicament of domestic violence and safeguarding their legitimate rights and interests through civil procedures.However,through the analysis of specific cases and big data in judicial practice,the recognition rate of domestic violence in China is not optimistic at present.One of the important reasons is that the distribution rules of burden of proof are unreasonable,and the characteristics of domestic violence cases are not fully considered To solve the problems related to domestic violence cases has further stimulated the contradiction between the plaintiff and the defendant.Therefore,it is very important to improve the situation of victims’ rights protection and study how to reasonably distribute the burden of proof of domestic violence.Through the analysis of judicial practice cases and relevant data,this paper summarizes the development status of domestic violence civil litigation in China,and finds that there are the following problems in the distribution of burden of proof in domestic violence civil litigation: the concept of domestic violence is not clearly defined in legislation,which affects the distribution of burden of proof,the lack of different distribution of burden of proof in types of domestic violence cases,the lack of legal basis for the distribution of burden of proof in domestic violence civil litigation The distribution of burden of proof is seriously uneven and the system of reducing burden of proof has not been established.Combined with the characteristics of domestic violence and the development status of domestic violence civil litigation,it can better solve the above problems by constructing the distribution system of burden of proof in typed domestic violence civil litigation,help the victims out of the proof dilemma of domestic violence civil litigation,and promote the settlement of domestic violence disputes.