There is no need to endure domestic violence
□ Our reporter Zhai Xiaogong
The family is supposed to be a haven for a happy life, but in recent years, shocking cases of domestic violence have occurred frequently, and some have even turned into criminal offences.
According to statistics from the All-China Women’s Federation, as of the end of 2019, 30% of married women in 270 million households across the country had experienced domestic violence; in the face of atrocities, women were abused 35 times before they chose to report to the police.
At the same time, there are still problems in law enforcement such as the difficulty in identifying domestic violence, obtaining evidence, implementing protective measures, and dealing with victims of violence.
A reporter from "Rules of Law Daily" combed through 4 typical cases involving domestic violence in the court system of Hainan Province, aiming to help victims break their silence, remind them to take legal weapons to punish violence, defend their rights in accordance with the law, and bravely stand up and say "no" to domestic violence .
And warned the perpetrator: beating a spouse or family member is not only a housework, but also may involve illegal or even criminal acts.
Forbearance promotes addiction to domestic violence
Habeas corpus
Xu Xiaohua from Haikou City, Hainan Province married Huang Dachun, a Li nationality man, after being introduced.
It was only after marriage that Xu Xiaohua knew that Huang Dachun had a bad temper, and when he didn't agree with him, he insulted, punched and kicked him, and later admitted his mistake.
In order for her children to have a complete family, Xu Xiaohua chose to forbearance in the face of Huang Dachun's violence.
Unexpectedly, this has only contributed to Huang Dachun's violence.
Xu Xiaohua called the police several times, and the dispatch was coordinated.
Later, Huang Dachun began to participate in gambling, and even went to find other women who did not return home after drinking, and was punished by the Public Security Bureau for being drugged.
Huang Dachun forbids Xu Xiaohua to go out to work, and does not provide living expenses to maintain family expenses.
After Xu Xiaohua went out to work, Huang Dachun suspected that she had a close relationship with others. The two parties often quarreled. After drinking, Huang Dachun often beat and scold Xu Xiaohua and sometimes beat the children.
On October 23, 2017, Huang Dachun beat Xu Xiaohua again, and the police made mediation after Xu Xiaohua called the police.
Later, Xu Xiaohua found the Women's Federation and Longhua District Legal Aid Center, hoping to help.
Under the mediation of the Women's Federation and the Legal Aid Center, Huang Dachun wrote a letter of guarantee and Xu Xiaohua once again chose to forgive for her children.
However, Huang Dachun did not make any corrections.
In the early morning of January 8, 2018, after Huang Dachun went home after drinking, he began to abuse Xu Xiaohua again, punching and kicking him in front of the two children, and even threatening to call the police with a knife.
After being diagnosed by the hospital, Xu Xiaohua suffered contusions on her left eye and left head.
Xu Xiaohua, who couldn't bear it, came to the People's Court of Longhua District, Haikou City to apply for a personal safety protection order.
On January 25, 2018, the Longhua District Court found that based on the applicant Xu Guihua’s statement and the relevant evidence submitted, it can be determined that the applicant has suffered domestic violence and meets the statutory requirements of the personal safety protection order.
Accordingly, the Longhua District Court issued a "personal protection order" prohibiting the respondent Huang Haichun from committing domestic violence to the applicant Xu Xiaohua, prohibiting the respondent Huang Haichun from harassing, stalking, and contacting the applicant Xu Xiaohua and his children, and prohibiting the respondent Huang Haichun went to the residence where the applicant Xu Xiaohua lived.
Beating pregnant wife and fetus to death
Three years in prison and divorce lose money
Wu Di is from Haikou City and Ji Liang is from Sanya City.
According to someone's introduction, the two registered their marriage in 2017 and live in Sanya.
After marriage, Wu Di discovered that Ji Liang had a violent tendency and often violent him for no reason.
Due to his pregnancy and inconvenience, Wu Di always chose to be patient.
When she was 38 weeks pregnant, the doctor informed Wu Di that she could be admitted to the hospital for caesarean section.
Wu Di called her mother-in-law and asked if she could help take care of the confinement. At the same time, he hoped to go to the hospital in Haikou to give birth so that his mother and sisters could take turns taking care of her.
However, Ji Liang believed that Wu Di threatened his mother, and immediately closed the door and beat Wu Di. Wu Di’s eyes were swollen and his vision was blurred. Wu Di saw that Ji Liang had to stabbed himself in the stomach and fled out of the door in a panic to call a neighbor’s mobile phone to call the police. , Sanya City Public Security Bureau Tianya Branch issued police and made records.
Due to serious eye injuries, Ji Liang sent Wu Di to the Sanya People's Hospital, but the hospital was off work, and Wu Di offered to open a house nearby to facilitate medical treatment the next day.
When checking in at the hotel, Ji Liang refused to hand over Wu Di’s ID card, making it impossible to check in. Ji Liang’s mother went to other hotels. Wu Di got up and wanted to call her mother-in-law. Just walked to the door of the hotel, Ji Liang came out and grabbed it. Wu Di used a fruit knife to cut Wu Di's neck, causing Wu Di to bleed. The Haitang Branch of the Sanya Public Security Bureau dispatched police and made records.
Subsequently, Wu Di was sent to 301 Hospital for treatment.
After diagnosis, the fetus had died in utero, and Wu Di had multiple lacerations on his neck sutured.
The Judicial Appraisal Center of the Public Security Bureau of Sanya City identified that Wu Di's injury had reached Grade II serious injury.
On October 6, 2017, Ji Liang went to the Haitang Branch of the Sanya Public Security Bureau to surrender.
On July 18, 2018, the Sanya Suburban People's Court sentenced the defendant Ji Liang to the crime of intentional injury and sentenced him to three years in prison.
On February 2, 2018, Wu Di went to the court for divorce.
The Sanya City Suburban People's Court determined that the defendant Ji Liang's behavior was domestic violence, and allowed Wu Di to divorce Ji Liang in accordance with the law, and compensated Wu Di for medical expenses and follow-up treatment costs totaling 23,956 yuan.
Quarrel, beat, suspect, affair
Three prosecution and divorce
In July 2014, Li Yan and Deng Long fell in love freely and registered their marriage. In August 2015, they gave birth to son Deng Longhong. After marriage, the relationship between husband and wife was acceptable.
However, the good times did not last long.
Since 2016, Deng Long has often been drinking outside. After returning home, he found faults and beat Li Yan and broke furniture, mobile phones and watches.
Deng Long suspected that Li Yan had an affair, and sometimes went to Li Yan's workplace to make noise, which prevented Li Yan from going to work.
After the 2017 Spring Festival, Li Yan was forced to return to her natal home, and his son also lived with Li Yan.
Li Yan sued for divorce twice in 2017, and the court ruled that the divorce was not allowed.
Two unsuccessful prosecutions for divorce did not improve the relationship between the couple. Instead, they became noisy as soon as they met. They often staged "full martial arts" and the couple continued to separate.
In 2019, Li Yan sued again for divorce. Defendant Deng Long did not appear in court and did not submit written materials.
After the trial, the People’s Court of Ding’an County, Hainan Province held that after the plaintiff’s marriage, the relationship between the husband and wife began to break up since the first month of the lunar calendar in 2016, and the lack of normal communication and trust between the husband and wife between the plaintiff and the defendant has led to intensified conflicts between the couple and even domestic violence. Having lived apart for two years, it complies with the statutory conditions that allow divorce under the Marriage Law, and the plaintiff Li Yan and the defendant Deng Long are allowed to divorce.
Suspect husband cheating and making noise
Husband beat his wife to death
Cai Hong is a disabled person with polio.
On January 11, 1995, Xing Fei and Cai Hong registered their marriage. After their marriage, they jointly operated a small shop in a village in Danzhou City, Hainan Province.
One day in 2015, Cai Hong heard that Xing Fei had an affair. After that, he often quarreled with Xing Fei and abused Xing Fei on excuses. Xing Fei beat Cai Hong for this, and then called the police.
On the afternoon of July 3, 2017, Cai Hong claimed that his neighbor had stolen the goods from the store. Xing Fei believed that Cai Hong was framing his neighbor, so he stood up and beat Cai Hong who was sitting in a chair.
In the evening of July 5, Cai Hong died.
After identification by the Forensic Appraisal Center of Hainan Medical College, the victim Cai Hong died of circulatory failure caused by brain contusion, subdural hematoma and brain herniation caused by traumatic brain injury.
After the incident, Xing Fei learned that the victim’s Cai Hong’s family had dialed 110 to report the case, and they had been waiting at home, and was later summoned by the public security organs.
According to Xing Fei's confession, in recent years, his relationship with Cai Hong and his wife has not been very good. Since Cai Hong heard that he had an affair, he often skipped meals, drank, and spoke harshly to him.
After being verbally abused, Xing Fei couldn't stand it and beat Cai Hong. This situation has been more than two years.
According to witness Chen, he has rented Xing Fei’s room to run a hotel for 3 years and found that Cai Hong may have mental problems. He often sees Xing Fei and Cai Hong fighting and arguing. He has also seen Xing Fei beating Cai. red.
Before Cai Hong's death, Xing Fei beat Cai Hong.
The Second Intermediate People’s Court of Hainan Province believed that this case was a crime caused by conflicts between the husband and wife due to trivial matters. In the first instance, Xing Fei was guilty of negligence causing death, and he was sentenced to three years in prison and five years of probation.
(The names of the parties involved in the text are all aliases)
Relevant provisions of the Anti-Domestic Violence Law
Domestic violence referred to in this law refers to physical and mental violations committed by family members through beating, binding, mutilation, restriction of personal freedom, and frequent abuse and intimidation.
Article 23: If a party has suffered domestic violence or is facing a real danger of domestic violence and applies for a personal safety protection order to the people’s court, the people’s court shall accept it.
Article 29 The personal safety protection order may include the following measures: (1) prohibiting the respondent from committing domestic violence; (2) prohibiting the respondent from harassing, stalking, or contacting the applicant and his relatives; (3) ordering the respondent to commit domestic violence; The applicant moves out of the residence of the applicant; (4) Other measures to protect the personal safety of the applicant.
Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, the people’s court shall give reprimand, and may impose a fine of less than 1,000 yuan or less than 15 days according to the seriousness of the circumstances. detention.
Related provisions of the Marriage Law
Article 45 For bigamy, if committing domestic violence or abuse or abandoning family members constitutes a crime, criminal responsibility shall be investigated according to law.
The victim may file a private prosecution in the people's court in accordance with the relevant provisions of the Criminal Procedure Law; the public security organ shall investigate in accordance with the law, and the people's procuratorate shall initiate a public prosecution in accordance with the law.
Article 46: If a divorce is caused by one of the following circumstances, the innocent party has the right to request compensation for damages:
(1) Bigamy;
(2) Those who have a spouse cohabiting with others;
(3) Those who commit domestic violence;
(4) Abusing or abandoning family members.
Lao Hu Comments
The family is the cell of society, and its harmony is closely related to and inseparable from the peace of society and people's happiness.
Domestic violence seriously infringes on the personal rights of family members, especially women and children. It not only endangers the physical health and even life safety of the victims, but also causes unhealable psychological trauma to other family members, especially young children, and leaves indelible traumas. shadow.
At the same time, domestic violence often triggers criminal cases and harms social harmony and stability.
The reason for this is that the frequent occurrence of domestic violence is due to the fact that some family members, especially husbands who have physical advantages in the relationship between husband and wife, cannot properly handle family conflicts and husband-to-wife relationships in a rational and tolerant spirit, blindly suspicion and suspicious. If they don't go well, they use other family members as a "punching bag", even drinking and making troubles and fighting.
On the other hand, due to the concealment of domestic violence, it is difficult to obtain evidence and to investigate and deal with, which makes some law enforcement and judicial departments perfunctory and reluctant to intervene. Some grassroots organizations also have a fear of difficulty, believing that it is difficult for a clean official to judge housework. It is too hard to avoid violence.
Domestic violence cannot be investigated and dealt with in a timely and rigorous manner, which objectively gives domestic violence victims an opportunity.
Therefore, we should first carry out in-depth publicity and education of the new style of civilized families in the whole society, popularize psychological knowledge, do a good job in alleviating social psychology and emotions, and lead family members to mutual understanding and accommodation, living in harmony, and treating them with a rational and tolerant heart. Deal with the contradictions and disputes encountered in daily life, and avoid verbal abuse or beating people.
Secondly, both law enforcement and judicial departments and grassroots organizations should take an active role to eliminate fear of difficulties, get rid of the idea that "upright officials are difficult to cut off domestic affairs", actively intervene in and deal with domestic violence in a timely manner, and resolutely punish those who constitute crimes. , To effectively protect the personal rights of victims from infringement.
Hu Yong