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家庭暴力法律事实在民事裁判中普遍存在难以认定的现象,需要引入警察作为辅助性力量参与其中。通过与道路交通事故责任认定制度相比较,尝试在处理轻微家庭暴力案件中构建警察先行判断制度,以提高家庭暴力受害人的举证能力,减轻法官的负担。文章认为警察先行判断制度应与家庭暴力公安机关告诫制度相衔接,进而对配套制度的构建进行了初步思考。
The legal fact of domestic violence is widespread in civil judgment, and it is necessary to introduce the police as an auxiliary force to participate in it. By comparing with the liability identification system for road traffic accidents, attempts have been made to build a police-first judgment system in handling cases of minor domestic violence in order to increase the burden of proof on victims of domestic violence and reduce the burden on judges. The article holds that the system of judging the precedence of the police should be linked with the warning system of the public security organ of domestic violence, and then the initial thinking about the construction of the supporting system is made.