□ Our reporter Fan Tianjiao
Recently, the "Measures (Draft) of Anhui Province for Implementing the Anti-Domestic Violence Law of the People's Republic of China" (hereinafter referred to as the "Measures (Draft)") was submitted to the 33rd meeting of the Standing Committee of the 13th Anhui Provincial People's Congress for deliberation.
The "Measures (Draft)" includes insults, defamation, promotion of privacy, harassment, disregard and other acts into the category of domestic violence, and makes a series of regulations on the prevention of domestic violence, the disposal of domestic violence, and the implementation of personal safety protection orders, and strive to build Defend against domestic violence.
Incorporate anti-domestic violence into grass-roots social governance
Since the implementation of the Anti-Domestic Violence Law of the People's Republic of China, it has played an important role in preventing and dealing with domestic violence, protecting the legitimate rights and interests of family members, and promoting family harmony and social stability.
Liu Ping, deputy director of the Women's and Children's Working Committee of the Anhui Provincial Government and chairman of the Provincial Women's Federation, explained the "Measures (Draft)", saying that various departments in Anhui have created and accumulated some good experiences and practices in the anti-domestic violence work, and it is necessary to Summarize and refine in a timely manner, standardize and solidify through legislation.
In addition, in the anti-domestic violence work in Anhui Province, there are still problems such as insufficient prevention work mechanism and work security measures to be strengthened, which need to be solved by legislation and targeted measures.
Domestic violence endangers the physical and mental health and life safety of family members, affects the construction of family civilization, and also affects the safety and stability of society.
The "Measures (Draft)" clarified the scope of application, the concept of domestic violence, the principles of anti-domestic violence work, and the responsibilities of institutions, and included acts of indifference and indifference into the scope of domestic violence.
According to the "Measures (Draft)", domestic violence refers to the methods of beating, binding, maiming, restricting personal freedom, frequent abuse, intimidation, insult, slander, publicity of privacy, threats, harassment, indifference, and indifference among family members. , or use other means to commit physical, mental and other violations.
The "Measures (Draft)" requires that people's governments at or above the county level should establish and improve an anti-domestic violence work system, and incorporate anti-domestic violence work into the content of spiritual civilization construction and grass-roots social governance.
People's governments at all levels shall provide necessary financial guarantees for anti-domestic violence work.
The institutions responsible for the work of women and children under the people's governments at or above the county level shall undertake the work of organizing, coordinating, guiding and supervising the fight against domestic violence.
Relevant departments of the people's government at or above the county level, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and public institutions shall, in accordance with relevant national and provincial regulations, do a good job of anti-domestic violence.
Clarify the statute of limitations for the content of personal safety protection orders
Domestic violence is never a "domestic affair".
The "Measures (Draft)" regulates the handling of domestic violence, and clarifies that victims of domestic violence, their legal representatives, and close relatives can complain and report to the perpetrator or the unit where the victim belongs, residents' committees, villagers' committees, women's federations and other units. Or ask for help.
Schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service agencies, relief management agencies, welfare agencies, and their staff discover that people without civil capacity or limited capacity for civil conduct have suffered or are suspected of suffering from domestic violence during their work. should report the case to the public security organ in a timely manner.
A party who suffers from domestic violence or faces the real danger of domestic violence may apply to the people's court for a personal safety protection order.
The "Measures (Draft)" has a separate chapter "Personal Safety Protection Order", which clarifies the application conditions, content, time limit, execution, etc., which stipulates that the personal safety protection order can include four measures, namely prohibiting the respondent from committing domestic violence. , prohibiting the respondent from harassing, stalking, contacting the applicant and its close relatives, ordering the respondent to move out of the applicant's residence, and other measures to protect the applicant's personal safety.
The public security organ shall take measures to assist the people's court in enforcing the personal safety protection order, including verifying identity information within 24 hours, supervising the respondent's compliance with the personal safety protection order, and discovering that the respondent has violated the personal safety protection order or received a personal safety protection order. After the violation of the personal safety protection order is reported, the police shall be dispatched in a timely manner, and the people's court shall be notified of the violation of the personal safety protection order by the respondent.
After accepting the application, the people's court shall issue a personal safety protection order or reject the application within 72 hours; if the situation is urgent, it shall issue within 24 hours.
A personal safety protection order is valid for no more than six months and takes effect from the date it is made.
Before the personal safety protection order expires, the people's court may revoke, change or extend it according to the applicant's application.
Carrying out legal interpretation and warning education activities
"The "Measures (Draft)" clarified the preventive measures for domestic violence, made it clear that anti-domestic violence propaganda and education should be carried out, included the prevention and handling of domestic violence into professional training and statistical work, and clarified that all relevant departments, employers, social organizations and guardians Responsibility for domestic violence prevention." Liu Ping said.
According to the "Measures (Draft)", township people's governments and sub-district offices shall organize and carry out domestic violence prevention work, and incorporate anti-domestic violence work into grid management.
The grassroots grid administrators shall investigate and report the hidden dangers of domestic violence through visits, inspections, etc.
Residents' committees and villagers' committees shall assist township people's governments and sub-district offices to carry out domestic violence prevention work, and may incorporate content related to family virtues and anti-domestic violence into residents' conventions and village regulations.
People's courts, people's procuratorates, public security organs, and judicial administrative departments shall improve the mechanism for collecting, sorting, and publishing typical cases of domestic violence, and carry out educational activities to interpret the law and warn against cases.
In the process of handling specific cases or providing legal services, judges, prosecutors, people's police, lawyers, grass-roots legal service workers, etc., should guide the parties to protect their rights and interests in accordance with the law, and popularize the knowledge of anti-domestic violence laws.
In addition, if the employer finds that its personnel have committed domestic violence, it should give criticism and education, and do a good job in mediation and resolution of family disputes in a timely manner. Violence.