涉家暴离婚案件中受暴女性面临的问题与对策

Problems and Countermeasures Faced by Abused Women in the Divorce Cases Involving Domestic Violence

我国现行法律为受家暴女性权益保护提供了法律依据,但在司法实践中,受暴女性在涉家暴离婚案件中仍面临多重困境。主要体现在:一是家庭暴力行为认定存在困难,法官过于强调暴力的周期性、经常性,且举证责任分配不合理;二是受家暴女性的离婚诉求受到制约,“感情确已破裂”的离婚标准模糊,法官考虑离婚后续问题而倾向判决不准离婚;三是受家暴女性权益保障不力,人身安全保护令制度与损害赔偿制度运行不畅。解决上述问题,需从扩大家暴认定范围、完善离婚裁判标准、优化相关制度运行等方面着手,形成反家庭暴力联动机制,全面保障受家暴女性的合法权益。

China’s current laws provide a legal basis for the protection of the rights and interests of women suffering domestic violence,but in judicial practice,abused women still face multiple difficulties in the divorce cases involving domestic violence.This is mainly reflected in the following:first,there are difficulties in recognizing acts of domestic violence,with judges placing too much emphasis on the periodicity and regularity of violence,and the burden of proof being allocated in an unreasonable manner;second,the divorce claims of women suffering domestic violence are subject to constraints,with the divorce criterion of“the relationship has been broken down”being ambiguous,and with judges tending to rule that divorce is not permissible in view of the follow-up to the divorce;third,the protection of the rights and interests of women suffering domestic violence is inadequate,and the system of personal safety protection orders and the system of compensation for damages are not functioning well.To solve the above problems,it is necessary to expand the scope of domestic violence identification,improve the standard of divorce judgment,and optimize the operation of relevant systems,so as to form a joint mechanism of anti-domestic violence,and fully protect the legitimate rights and interests of women suffering domestic violence.