[Commentary] Recently, former media person Ma Jinyu's self-report of being domestically abused has aroused heated discussion.
When encountering domestic violence, how can you protect yourself?
On February 8, Wang Qiong, an associate researcher of the Chinese Academy of Social Sciences and founding partner of Jingkai Law Firm, said in an interview with a reporter from China News Agency that if he encounters domestic violence, he must choose to call the police if necessary.
If domestic violence has caused personal injury, the victim can request the public security organ to file a criminal case against the perpetrator.
[Concurrent] Wang Qiong, founding partner of Jingkai Law Firm, Associate Researcher, Chinese Academy of Social Sciences
You can ask the police to stop him from violating you, or you can ask the police to issue a warning. If the nature is more serious, you can ask the police to impose public security management penalties on him, detain him or fine him less than 1,000 yuan.
If the nature is more serious, you can actually ask the police to take you to make an injury appraisal report.
If it is said that this constitutes a minor injury, then the public security organs can be required to file a criminal case against the perpetrator and pursue his criminal responsibility.
[Explanation] Domestic violence is not a domestic affair. Wang Qiong introduced that the Anti-Domestic Violence Law implemented in 2016 stipulates in detail that public security organs, procuratorates, courts, women’s federations and other units shall perform after receiving domestic violence complaints, reports or requests for help Such as assisting in mediation, implementing rescue and other duties.
If it is difficult to maintain a marriage relationship due to domestic violence, the newly implemented Civil Code also provides further provisions for divorce proceedings due to domestic violence, and divorce proceedings are not subject to the divorce cooling-off period.
[Concurrent] Wang Qiong, founding partner of Jingkai Law Firm, Associate Researcher, Chinese Academy of Social Sciences
The standard for divorce in the previous marriage law of our country mainly depends on whether the relationship between the husband and wife has broken down. The newly implemented civil code has made further provisions on domestic violence. If you have filed a divorce lawsuit because of domestic violence, then the court will do it. If the mediation is invalid, the divorce will be granted directly.
[Explanation] From a practical point of view, in the face of domestic violence, problems such as difficulty in identifying and obtaining evidence still exist to a certain extent, Wang Qiong added, so when victims encounter domestic violence, they must also have the awareness of collecting evidence.
For example, alarm records, warnings issued by the police, and injury appraisal reports issued by hospitals can all be used as important evidence for maintaining rights and claiming compensation in litigation.
[Concurrent] Wang Qiong, founding partner of Jingkai Law Firm, Associate Researcher, Chinese Academy of Social Sciences
The sooner you carry out property preservation, the better you can protect your legal rights.
The application for property preservation can be carried out either before the lawsuit or during the lawsuit.
The law stipulates that if the violent party or the party at fault, he can divide the property at the time of divorce without or less. The party who is not at fault is protected in the law against the division of property. One party can score more.
[Explanation] 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 violence, women would only choose to report to the police when they were abused 35 times on average.
Wang Qiong said that the publicity of anti-domestic violence law has a long way to go, and it is hoped that publicity and education will be strengthened throughout the society. Vulnerable groups must learn to take up the weapon of law, and the whole society will pay attention to it in order to better solve domestic violence. problem.
(Reporting by reporter Shan Lu from Beijing)
Editor in charge: [Wang Kai]