Study On The Protection Of The Rights Of Victims Of Domestic Violence In Divorce Proceedings

Domestic violence is a global problem,and both the violence itself and the divorce proceedings that result from it are deeply marked by gender power.On the one hand,women have always been the main victim group,and their legal rights are constantly being provoked and violated by violent acts.The whole society should strive to eliminate prejudice,discrimination and violence against women.On the other hand,the rising rates of violence among men in recent years suggest that it is not just women who suffer from violence in marital relationships.While this goes against society’s inherent stereotype that "men are natural perpetrators",when it comes to domestic violence,there are only victims and perpetrators,male or female.In this regard,academia and society should pay attention and pay attention to it,correct the prejudice that "men are bullied by women is useless",and make gender equality truly become a value standard and code of conduct for people to practice.However,it is worth noting that although there are many male victims of violence,according to the data reflected in judicial practice,the probability of women suffering from domestic violence is still much higher than that of men,they are still the main victims.The purpose of this paper is to analyze the court judgments of divorce cases involving domestic violence in a data-based way.During this period,drawing on sociological theories,feminist theories and methods,and searching for the gender dimension,it explores the gender content in the law,and pays attention to the discourse of legal patriarchy.,reflecting on the substantial inequality caused by the "neutrality" of the law.Through the data integration of the judgment of divorce cases involving domestic violence and the research of typical cases,the current situation of the rights protection of victims of violence in the process of divorce proceedings is reviewed.The implementation status of the Civil Code,and then put forward corresponding improvement suggestions to broaden the understanding of "domestic violence" in practice.Practice shows that the protection of the rights of victims of domestic violence in divorce proceedings mainly has four dimensions: first,the court’s weakening and rigid determination of the circumstances of "domestic violence";The result is a low support rate for the victims’ divorce appeals;third,the unsatisfactory effect of the "personal safety protection order" system;fourth,the lack of economic relief and protection for the victims of violence.Behind the above problems,what is revealed are the limitations of current legal norms,the constraints of traditional trial models,and the lack of an anti-domestic violence linkage mechanism.Whether it is the problem reflected in practice or the crux of the problem,it involves more or less gender content in the law.In this regard,it is necessary to construct a corresponding improvement path from three aspects: legislation,judiciary and law enforcement.At the legislative level,it is necessary to further improve the marriage and family system with the "Civil Code" as the core,and at the same time,give full play to the local legislative initiative to enrich the special norms related to domestic violence,and use a two-pronged approach to describe a legislative system that is in line with family justice;The degree of specialization should guide judges to break through their inherent role limitations and build a judicial practice that focuses on the protection of women’s human rights;at the law enforcement level,it is necessary to build a scientific and complete multi-departmental linkage mechanism to facilitate social co-governance of anti-domestic violence work.Through the joint efforts of the three parties of legislation,judiciary and law enforcement,we can more effectively respond to the diverse demands of the victims of violence,and more thoroughly implement the relief for the victims of violence.Divorce cases involving domestic violence are different from other types of divorce cases.They not only represent the legal readjustment of the identity relationship between subjects,but also contain the ardent hope of the victims of violence for post-mortem relief,and carry their hopes for a new life.good vision.Violence within the family is one of the manifestations of social violence,and at its root,it is a kind of social discrimination.Under the current situation,the protection of the rights of victims of violence requires not only the escort of a strong and powerful legal system,but also the smooth and precise implementation of relevant laws.The handling of individual cases reflects the humanistic care of the law and guides and regulates social behavior.the goal of.The anti-domestic violence work is long and difficult,and requires the formation of synergy among various departments,and it is inseparable from the participation of all social subjects.Social co-governance plays a pivotal role in the process of anti-domestic violence.2021 coincides with the fifth anniversary of the implementation of the Anti-Domestic Violence Law and the first year of the Civil Code.The phenomenon of violence caused by gender,and then build a harmonious and benign relationship between the sexes,so that gender equality and justice truly become the norm for the whole society to follow.