家暴案件的举证困境及路径探析

Difficulties in Proving Evidence in Domestic Violence Cases and Exploration of Paths

摘要: 《反家庭暴力法》实施八年以来，我国通过法律体系构建起一道日益坚固的反家暴“防护网”。然而，在处理涉家暴案件的司法实践中，也有一些亟待解决的问题逐渐显现。其中，家暴案件举证难的问题则尤为凸显。家庭暴力证明标准严苛、举证责任分配不均、公安机关未能有效收集和固定证据等问题仍未得到妥善解决，造成离婚案件中家庭暴力情节难以认定。为此，本文旨在进一步探寻家暴案件举证难的破解之策，提出法院灵活把握举证责任的转移节点、发挥公安机关的前置处理作用以及适度降低证明标准等化解家庭暴力案件举证困境的建议，以期为家暴受害人撑起法律的保护伞。

Abstract: In the eight years since the implementation of the Law against Domestic Violence, China has built an increasingly strong “protective net” against domestic violence through its legal system. However, in the judicial practice of dealing with cases involving domestic violence, there are also some urgent problems that have gradually emerged. Among them, the problem of domestic violence cases is particularly difficult to prove. Domestic violence proof standard is harsh, uneven distribution of the burden of proof, the public security organs failed to effectively collect and fix the evidence and other problems have not been properly resolved, resulting in divorce cases domestic violence is difficult to determine the circumstances. To this end, this paper aims to further explore the difficulty of proof in domestic violence cases, put forward the court to flexibly grasp the transfer of the burden of proof node, play the role of public security organs of the front processing and moderately lower the standard of proof and other domestic violence cases to resolve the difficulties of proof of the proposal, with a view to the victims of domestic violence to support the umbrella of legal protection.