Beijing only won 10% domestic violence activist found insufficient evidence of low acceptance rate-shuyue

Beijing only won 10% domestic violence activist found insufficient evidence of the low rate of adoption of the original title: domestic violence activist was identified only 10% courts: the burden of proof is not sufficient to adopt the low rate of "anti domestic violence law" formally implemented, clear the category of domestic violence, to prevent and stop domestic violence and protection of victims in a timely manner has played a great role. In a large number of marriage and family involved in domestic violence cases for investigation, yesterday, the Third Hospital of Beijing called open briefing on the case, judicial view and other aspects of the report, and the proposals put forward the victim of domestic violence. Survey data of middle-aged people easy violence third hospital to sort out the marriage and family type civil cases of the second instance from January 2014 to July 2016 in Beijing City Intermediate People’s Court concluded that the Party advocated the existence of domestic violence there were 213 cases, mainly showing the following characteristics. First, focus on divorce cases. The 198 part is the divorce disputes, accounting for up to 93%. The remaining 7% cases for custody, support and other disputes; the two, mainly for the husband to his wife to implement domestic violence. A total of 187, accounting for up to 89.2%. Three, the main age is between 36 and 49 years old. The number of cases accounted for 45% of the perpetrators is between 36 to 49 years old. The age of marriage in the trivial contradiction, easy to become a cause of domestic violence fuse; four, as the main form of assault. The proportion is as high as 71.4%, abuse, intimidation, threats of violence in second language; five, fewer cases by the court of family violence. The court finds a hit only 22, that rate was 10.3%; six, claims for the support of the court rate is low. The parties to the domestic violence on the grounds that the damages of 73, only 17 got the court support, support rate was only 23%, and the amount of compensation more than 50 thousand yuan in the following. Hearing the fact that the evidence is not sufficient to prove that there are some difficulties in the trial of such cases. First, the parties on the facts of domestic violence is often insufficient evidence. If the parties have not submitted any evidence, there are only 115 cases of domestic violence. In other cases, the parties have submitted some relevant evidence, but because of insufficient evidence, the court is only 17, the acceptance rate is only 17.3%. Secondly, it is difficult to determine the constitutive requirements of domestic violence. The court explained that the concept of family violence and the connotation of China’s "marriage law" is not clearly defined, the relevant judicial interpretation and "anti domestic violence law" the definition of domestic violence and to have the difference, therefore how to understand and apply the relevant provisions are controversial in practice. In addition, the legal consequences of domestic violence are not clear. "Only the provisions of domestic violence constitutes marriage law", the court shall order granting a divorce, and ordered to pay damages to party. However, whether the domestic violence affects the proportion of property division, whether it affects the right of custody, and whether the right to visit, etc.. – court recommended habeas corpus for domestic violence in the people court 2相关的主题文章: