讲座回放 | 证据主义与法院对家庭暴力的裁判

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Evidentialism and the Denial of Domestic Violence by Chinese Courts

(证据主义与法院对家庭暴力的裁判)

Abstract:

How do courts dismiss domestic violence when the laws on the books have increasingly sided with women victims? How does judges’ adherence to a prohibitively high standard of proof present a challenge for abused women who seek help? Based on a close reading of over 400 judgments involving domestic violence claims, Professor Kwai Hang Ng will explain how a new juridical regime known as evidentialism has become the mechanism through which domestic violence is denied or trivialized in China today. Further, he will analyze what the turn to evidence means in the daily decision-making of the courts.

(当法律对妇女权利的保护越来越完善时，法院如何处理与家庭暴力相关的诉求？ 法官对于证据标准的要求，会对寻求救济的妇女带来怎样的影响？ 通过对400多份涉及家庭暴力司法判决的深入分析，吴贵亨教授将解释「证据主义」如何成为中国法院处理涉及家庭暴力案件的机制，并在此基础上讨论「证据主义」对司法决策的影响。)

Summary:

The speaker is one of frontline scholars who study how Chinese courts’ decision-making, particularly how courts addressing cases involving domestic violence. He has discussed that courts adhere a high standard of evidential requirement that lead to the dismissal of most divorce cases involving domestic violence, due to judges’ consideration of “maintain family harmony and social stability”. He has also raised a question that legal advice is largely needed as it is difficult for plaintiff to present evidences. He has further responded to how courts issue protection order under Anti-Domestic Violence Law, and the reason why getting divorce in courtrooms is hard, and how training to judges can influence the courts’ decision of such cases.

Speaker: Kwai Hang NG, Professor of Sociology, Department of Sociology, University of California, San Diego. His monograph Embedded Courts: Judicial Decision-Making in China (co-authored with HE Xin, published by Cambridge University Press in 2017) has received the 2018 Distinguished Book Award of Asian Law and Society Association.

(讲者：吴贵亨 ， 加州大学圣地牙哥分校社会学系教授， 与贺欣教授（香港大学法律学院）合著出版的 《嵌入式法院：司法决定在中国》 （Embedded Courts: Judicial Decision-Making in China） 曾荣获“亚洲法律与社会协会最佳著作奖”)

日期：2022年6月10日

视频回放 (YouTube)

00:27 Divorce in China

05:56 Domestic Violence

06:36 Does courts follow the law? 09:55 Studying Courts' Decisions

16:40 "Evidentialism"

17:58 Example 1

20:29 Example 2

22:43 Example 3

28:03 Evidential fact v. Constitutional fact

31:35 Standards v. Rules

PowerPoint (演示文稿 / 幻灯片) 下载：

PPT_Evidentialism_20220610.pdfDownload PDF • 395KB

Research Paper (研究论文) 下载：

Ng, Hwai Hang, "Evidentialism and the Denial of Domestic Violence by Chinese Courts," The China Journal, Vol. 87.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4026715

#妇女 #反家暴 #法院 #证据主义