Judicial Research On The Protection Of Civil Rights Of Women Who Suffer Domestic Violence In Marital Relationship

Home is a warm harbor and a habitat for body and soul.The relationship between husband and wife is the most important relationship in marriage and family,and the place where domestic violence occurs most frequently is the relationship between husband and wife,and the majority of victims of domestic violence are women.With the progress of society and the improvement of women’s status,domestic violence is generally regarded as an illegal and tortious act,no longer a difficult "family affair".More and more women victims of domestic violence dare to resort to court to safeguard their rights and interests.However,in judicial practice,women victims of domestic violence often find it difficult to secure their civil rights and interests for various reasons.On the one hand,female victims of domestic violence face the risk of being assaulted by domestic violence,and their personal rights and interests cannot be protected.On the other hand,due to the particularity of the relationship between husband and wife and many other reasons,it is also extremely difficult for women victims of domestic violence to obtain damages,and their property rights and interests are difficult to be protected.Therefore,this paper focuses on the study of the protection of civil rights and interests of women subjected to domestic violence in the conjugal relationship.Through statistical analysis of domestic mob cases,this paper understands the judicial status quo of the protection of civil rights and interests of women subjected to domestic violence,finds and summarizes the problems existing in judicial practice,and makes a detailed theoretical analysis of the problems found by combining specific cases.Finally,according to China’s national conditions and relevant foreign experience,the author puts forward some suggestions to improve the protection of the civil rights of women subjected to domestic violence.The paper consists of four chapters.The first chapter,"Introduction",mainly describes the background,significance,research status and research ideas of the study of domestic violence.The second chapter is "Judicial Status of the protection of the civil rights and interests of women subjected to domestic violence in the marital relationship",mainly from domestic violence-related divorce cases and personal safety protection order cases to understand the identification of domestic violence cases,damages,court decisions,personal safety protection order implementation,etc.Peep out the current situation of civil rights protection of women subjected to domestic violence in the judicial practice;The third chapter is "Problems and theoretical analysis of the protection of the rights and interests of women subjected to domestic violence in the marital relationship".Based on the judicial status of the protection of the civil rights and interests of women subjected to domestic violence in the marital relationship,this part summarizes the problems that women subjected to domestic violence in the judicial practice are difficult to identify domestic violence,difficult to realize divorce appeals,difficult to obtain damages,and difficult to obtain personal safety protection.And for the existing problems combined with specific cases to carry out a detailed theoretical analysis;The fourth chapter is the suggestions for strengthening the civil rights protection of the abused women in marital relationship.Based on the shortcomings of the civil rights protection of the abused women in marital relationship,combined with our national situation and foreign experiences,the author put forward some feasible suggestions,hoping to better protect our country’s civil rights and interests of the abused women in judicial practice.