An Empirical Study On The Judicial Status Of Violence-related Divorce Cases In K City

The complex emotional ties between family members and the intricate thoughts behind the individuals make violence-related divorce cases more complicated than ordinary divorce litigation,and when the disputes cannot be resolved within the family,the intervention of the state’s public power is inevitable.In order to examine the current judicial status of violence-related divorce disputes in the basic people’s courts,this paper conducted a survey and study of violence-related divorce disputes in the basic people’s courts in K from 2010 to 2022 through primary and secondary data obtained from field surveys and relevant adjudication documents in online databases.By sorting out the basic information of the parties’ sample,such as age,gender,occupation,and length of marriage,and conducting statistical analysis of judicial-related data,such as the manifestation form of violence,evidence presentation,and court verdict,we found that the judicial practice in K city has four major group-type characteristics,such as obvious gender-specific domestic violence,single manifestation form,passive rights defense of the victims,and overall low number of requests for help,as well as high approval rate of personal security protection orders In addition,there are four judicial characteristics: the approval rate of personal safety protection orders is high,the trial is oriented by psychological pre-determined results,the divorce standard is influenced by multiple factors,and judges tend to maintain the stability of marital relationship.The reasons for this are,firstly,the imperfect and low application rate of domestic violence-related legislation due to China’s one-dimensional and multi-level legislative system,the low level of professionalism of judges and the realistic consideration of the trial process for the stability of family order;secondly,the difficulty of judicial recognition of domestic violence is closely related to the lack of procedural legislative norms related to evidence and the characteristics of domestic violence itself,and at the same time,judges,in order to avoid risks and improve the efficiency of the trial,reinforce the disadvantages of the victims.Thirdly,the influence of traditional culture and old-fashioned concept and the objective reality that most of them are in the economically and culturally disadvantaged position lead to the weak ability of the victims to defend their rights according to the law;Fourthly,the influence of traditional public-private dichotomy and patriarchal culture makes it difficult to implement the divorce relief system;Fifthly,the multi-passive social support system and the individual scattered informal social support system together cause the anti-domestic violence governance The system support is weak.Based on the above analysis,five major measures are proposed to further improve violence-related legislation,further promote judicial professionalism,further strengthen anti-domestic violence rule of law publicity,further improve the effectiveness of legal protection and implement relief measures on the ground,and further form a synergy of anti-domestic violence work in order to protect the legitimate rights and interests of victims and promote gender equality.As the last line of defense to maintain fairness and justice,judicial practice is of great significance to help victims of violence,especially women,realize human rights development,enhance family happiness and achieve a harmonious society.To solve the above problems,it is not only necessary to improve the provisions related to domestic violence in terms of legal regulation,but also to put the relevant provisions and protection system into practice,fundamentally change the ideology of various groups,and form a synergy against domestic violence on the basis of consensus building.