Tang Shan Ke

　　On January 1 this year, the Chengdu Chongzhou Court issued the country's first personal safety protection order "protecting women's privacy and personal information" - (2023) Sichuan 0184 Minbao Order No. 1 Civil Ruling, ruling that the respondent Li should not continue to disclose , Disseminate the privacy and personal information of the applicant Chen.

("Chengdu Business Daily" on January 4)

　　In recent years, it is not uncommon for marriage and love disputes to violate women's personal rights, not only in family marriages, but also in romantic relationships.

For example, after a couple breaks up, the man leaks and disseminates the woman's privacy and personal information.

In the above case, Chen (female, minor) is a student at school, and Li was a boyfriend and girlfriend. After the two parties broke up, Li repeatedly posted information about Chen's school through his Douyin and Kuaishou accounts. , life photos, love history, abortion and other private information, and insulted Chen, which aroused discussions among classmates and teachers around Chen, and caused Chen's reputation to be damaged.

Unable to bear the pressure, Chen was unwilling to go to school to study, suffered from long-term insomnia, and even committed self-mutilation and other behaviors.

　　How should women defend their rights when they are subjected to such abuses?

This issue has become a new situation, new problem, and new challenge faced by the protection of women's rights and interests.

The Anti-Domestic Violence Law, which came into effect on March 1, 2016, clarified the system of personal safety protection orders, but it mainly targets married women, and the scope of application of personal safety protection orders is relatively narrow.

Although the law also stipulates that "violent acts committed by people who live together other than family members shall be implemented in accordance with the provisions of this law", it also includes the violence between persons in guardianship, foster care, cohabitation, divorce, etc. .

However, lovers may not live together, so expanding the scope of application of personal safety protection orders has become a practical need.

　　In response to social concerns, Article 29 of the newly revised Law on the Protection of Women's Rights and Interests, which came into effect on January 1 this year, clearly stipulates that it is forbidden to pester and harass women on the grounds of falling in love or making friends, or after terminating a relationship or divorce , Disclosure, dissemination of women's privacy and personal information.

Women who suffer from the above-mentioned violations or face the real danger of the above-mentioned violations may apply to the people's court for a personal safety protection order.

This provision covers both pestering and harassing women, as well as the tort of disclosing and disseminating women's privacy and personal information; it protects both after the dissolution of a marriage and after a relationship breaks up.

This expands the scope of protection and realizes the comprehensive protection of women's rights and interests in marriage and love relationships.

　　Because of the new escort regulations, Chen in the above case filed an application for a personal safety protection order with the Chongzhou Court.

After review, the court held that Chen's application met the statutory conditions for issuing a personal safety protection order, and issued the country's first personal safety protection order "protecting women's privacy and personal information", prohibiting Li from continuing to pester and harass Chen, and obstructing Chen Li Mou is prohibited from disclosing and disseminating Chen Mou's privacy and personal information.

The personal safety protection order provided Chen with a powerful weapon of rights protection and protection, and also provided other people who entangled and harassed women, leaked and disseminated women's privacy and personal information on the grounds of falling in love, making friends, or after terminating their relationship. , sounded the alarm.

　　A personal safety protection order is a civil coercive measure. According to the Anti-Domestic Violence Law, if the punished person still pesters or harasses a woman, discloses or disseminates women's privacy and personal information during the period of receiving the personal safety protection order, he or she shall still be punished. If it does not constitute a crime, the people's court shall give a reprimand, and may impose a fine or judicial detention on the basis of the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.

Therefore, after a relationship breaks up, being entangled, harassed, leaked, and disseminated privacy and personal information can also be protected by a personal safety protection order, which has important practical significance and provides a solid legal guarantee for the protection of women's rights and interests. The majority of women have More and a stronger sense of security.

　　(Beijing Youth Daily)