A Study On The Protection Of The Rights And Interests Of Women Suffered From Domestic Violence In Divorce Cases

As the concept of equality between men and women is deeply rooted in the hearts of the people and women’s awareness of independence is awakened,more and more women who are dissatisfied with the status quo of marriage have resorted to divorce proceedings to achieve the purpose of dissolving their marriage.In this context,divorce cases involving domestic violence contain multiple demands of women who have suffered violence,such as maintaining personal safety and rescinding their identity relationships,as well as the risk of violence and the particularity of damages associated with it.This makes it more complicated than other types of divorce cases.The tragic situation of women who are victims of domestic violence and related rights and interests protection issues have attracted widespread attention.In judicial practice,it is difficult for women who are victims of domestic violence,as the innocent party to the marriage,to obtain personal safety guarantees and economic relief such as damages through divorce proceedings as they imagined.Based on this,it is particularly important to analyze the real demands of women who are victims of domestic violence in divorce proceedings from the perspective of practice.Through the method of empirical research,we screen out relevant divorce disputes involving domestic violence,and hope to extract the common problems faced by domestic violence women who file divorce lawsuits from real cases,and then conduct problem-oriented analysis and research.Select 430 judgments of divorce disputes involving domestic violence in the first half of 2021 as analysis samples,and conduct statistics on the evidence provided by women who have suffered domestic violence,the identification of domestic violence,the judgment results of divorce disputes,and the application and acquisition of divorce damages.induction.By sorting out the sample cases,it is found that the key problems in the protection of the rights and interests of women affected by domestic violence are that it is difficult to identify the facts of domestic violence claimed,it is difficult to achieve divorce damage claims,and the application rate and approval rate for divorce damage compensation are low.The reason is that domestic violence occurs in a secret private area,and evidence is difficult to obtain and fix.The special civil case involving domestic violence divorce is directly subject to the universal evidence regulation,and the weaker women suffer from domestic violence.an excessive burden of proof.On the other hand,judges tend to downplay domestic violence based on practical factors such as the pressure to close the case,personal safety,and the implicit rule of "not leaving the first sentence".According to the law,domestic violence should have become a sufficient condition for marriage,but the legal condition for granting divorce,"the relationship between husband and wife has indeed broken down," is subjective and mechanical,making it difficult to achieve divorce appeals.Difficulty in realizing divorce appeals restricts the obtaining of compensation for divorce damages.The requirement that the subject be the innocent party is also harsh for women who have suffered domestic violence.At the same time,the system also lacks clear compensation standards,especially compensation for mental damage.The reasons for the insufficient protection of the rights and interests of women victims of domestic violence are complex and diverse,including the imperfection of relevant legislation,and the lack of law enforcement and the exercise of judiciary responsibilities.To solve the above problems,it is not only necessary to have clear and powerful legal regulations to play a guiding role to prevent domestic violence,but also to practice the law in practice,so that the practice and the system can be organically unified.In particular,when making judgments,judges should realize that each case not only assigns the rights and obligations of a specific female victim of domestic violence,but also affects the protection of women’s human rights and guides social behavior.When protecting the rights and interests of women victims of domestic violence,a single department can play a very limited role.It is necessary to link relevant departments to form a joint force to protect women victims of domestic violence in an all-round and multi-angle manner.