《反家庭暴力法》的问题研究

Research on the Issues of the “Anti-Domestic Violence Law”

摘要: 2016年颁布的《反家庭暴力法》在家暴治理领域发挥了重要作用，但该法在实践过程中暴露出一些不足。一方面，家庭暴力范畴界定相对狭窄，难以全面涵盖现实中多样化的暴力行为表现形式，致使部分隐蔽性、间接性的暴力行为游离于法律规制之外；另一方面，家庭暴力案件普遍存在举证困难的困境，由于家暴行为多发生于私密空间，证据收集难度大，受害者往往因证据不足难以维护自身合法权益。此外，人身安全保护令作为保障家暴受害者人身安全的关键措施，在立法层面存在不足。文章旨在深入剖析《反家庭暴力法》在实施过程中面临的问题，并从完善家庭暴力类型、重视证据搜寻以及完善人身安全保护令制度等多个维度提出完善建议，以更好地维护家庭和谐与社会稳定。

Abstract: In 2016, the “Anti-Domestic Violence Law” has played an important role in the field of domestic violence governance. However, some deficiencies of this law have emerged during its implementation process. On the one hand, the definition of the scope of domestic violence is relatively narrow, making it difficult to comprehensively cover the diverse manifestations of violent behaviors in reality. As a result, some concealed and indirect violent behaviors are beyond the regulation of the law. On the other hand, there is a common dilemma of difficult evidence collection in domestic violence cases. Since most domestic violence occurs in private spaces, it is extremely difficult to gather evidence. Victims often find it hard to safeguard their legitimate rights and interests due to insufficient evidence. In addition, as a key measure to ensure the personal safety of victims of domestic violence, the personal safety protection order has deficiencies at the legislative level. This article aims to deeply analyze the problems faced by the “Anti-Domestic Violence Law” during its implementation process and put forward improvement suggestions from multiple dimensions, such as improving the types of domestic violence, attaching importance to evidence search, and perfecting the system of personal safety protection orders, so as to better maintain family harmony and social stability.