This morning, the All-China Women's Federation released the fifth "Top 10 Cases of Safeguarding the Rights and Interests of Women and Children in Accordance with the Law". These 10 cases have targeted responses to the people's concerns about domestic violence, marriage and family relations, labor protection of female employees and other issues in the protection of the rights and interests of women and children. The protagonist's name is Osmanthus, and from her experience, we can see the importance of providing continuous and diversified assistance to victims of domestic violence. In recent years, from the Anti-Domestic Violence Law, to the Marriage and Family Section of the Civil Code, to the newly revised Law on the Protection of Women's Rights and Interests, which came into effect this year, more and more remedies and safeguards have been provided to victims of domestic violence from the legal level. So how effective are these systems?
Osmanthus was born in 1963, is 60 years old this year, and lives in Xianju County, Taizhou City, Zhejiang Province. When she was 35 years old, she was introduced to Xu and fell in love, and then gave birth to two daughters. In Osmanthus's married life, there has always been a matter on her mind, which weighed her like a big stone.
Osmanthus: I have been beaten many times before, but I don't say it, because I am very embarrassed and my brothers and sisters are worried.
The thing that makes Osmanthus feel "embarrassed" and never talked about to outsiders is the domestic violence that her husband Xu has committed against her. And when the two daughters grew up, they did not escape the violence of their father.
Osmanthus little daughter: If he is not happy, he will be angry with us. If my mom came to stop her, when he hit us, he would beat her with her.
Osmanthus usually makes a living by making handicrafts and selling pancakes at stalls. She asked her two daughters to study hard, but Xu felt that girls didn't need to read so much, so after her daughters graduated from junior high school, Xu no longer paid for them to go to school. Osmanthus had to borrow money from relatives, and over the years, she owed a total of more than 200,000 yuan in debt.
Osmanthus: My daughter is good by herself, and she doesn't let her family bully her, so I think so, and I live desperately.
In March 2016, the Anti-Domestic Violence Law came into effect, making clear provisions on the prevention and handling of domestic violence. The Marriage and Family Section of the Civil Code and the Law on the Protection of Women's Rights and Interests have also strengthened the punishment of domestic violence, and the legal system for protecting the rights and interests of victims has been continuously improved. Judicial organs, women's federations, schools, and the media have gradually increased the number of people popularizing anti-domestic violence. However, the wind of anti-domestic violence had not yet blown into Osmanthus's heart at that time.
Osmanthus Daughter: As soon as I learned this law, I told my mother. She has always said that you are a child, don't care about these things, in fact, she doesn't want to divorce.
Osmanthus's daughter also thought about calling the police, but was stopped by her father Xu. According to his daughter's observation, Xu, who has a strong desire to control, treats outsiders politely and gently, but treats them irritablely, not only that, but Xu also thinks that he does not have to bear legal responsibility for beating his family.
For the sake of the family, choose to endure domestic violence, but it is getting more and more intense
Osmanthus recalled her married life in the past, and the word she said the most was "forbearance", in order to give her daughters a complete home, she never told others. It wasn't until a serious domestic violence five years ago that she had to tell her secret.
In October 2018, Osmanthus was about to go out of the stall to sell pancakes, but because of the tight time, she wanted Xu to help prepare things, which made Xu very dissatisfied and beat her. After the violence against osmanthus flowers, Xu did not know where to go. The two daughters were still in school at the time, and the painful osmanthus had to ask relatives for help, and she couldn't hide the domestic violence she was in.
After diagnosis and identification, there were three rib fractures on the right side of osmanthus, which belonged to the second degree of minor injury. And while she was hospitalized, Xu still didn't know where to go. In desperation, Osmanthus had no choice but to call the police to find someone.
Osmanthus: After calling the police, the police called, but he had no choice but to come. When he came, he said well, that he would take care of me. Then I think so too, he will take care of me, if only he would change.
Osmanthus thought that if Xu stopped domestic violence, he could give her and her daughter some living expenses, and life could go on, but after the police left, Xu did not fulfill his promise and still disappeared. And because of the domestic violence incident, the situation of osmanthus has also attracted the attention of the Xianju County Women's Federation.
Chen Xuhong, vice chairman of the Xianju County Women's Federation: When we went to her house, she usually didn't resist. Later, we felt that we should encourage her to use legal weapons to defend her rights, and after communicating with her, she slowly changed a little.
Under the persuasion of the staff of the Xianju County Women's Federation, and thinking about what happened over the years, especially when she was seriously injured this time, Xu turned a blind eye to her, and the disheartened Osmanthus decided to call the police again, and told the police about the domestic violence. The police decided to file a case for investigation of Xu's injury. In June 2020, the Xianju County People's Court sentenced Xu to seven months in prison for intentional injury. Considering the future safety of the three Osmanthus mother and daughter, the County Women's Federation supported Osmanthus to file for divorce from Xu.
Lou Yishu, Chairman of the Xianju County Women's Federation: We encourage her, that is, if this goes on for a long time, it will definitely not work, and your life and personal safety may not be protected.
With the support of the local women's federation, Osmanthus finally took another brave step forward, planning to file for divorce from Xu after he was released from prison.
Because Guihua and Xu did not reach an agreement on the division of joint debts and property, they filed a lawsuit for divorce with the court. In December 2021, the Taizhou Intermediate People's Court ruled that Guihua and Xu were divorced.
The case is not closed, and the procuratorate and the women's federation continue to provide assistance
After Osmanthus and Xu divorced, the shadow of domestic violence has not been eliminated, and life is facing a lot of challenges. Osmanthus has no savings and is burdened with foreign debts of more than 200,000 yuan. How to solve these troubles?
Osmanthus's main source of income is the dozens of yuan earned by setting up stalls every day, and the two daughters were still in college at that time, which was the time when they needed money.
At that time, Osmanthus not only did not have its own house, but even the rented house was about to be repossessed by the landlord. Not only that, although they divorced Xu, due to the serious psychological damage caused by domestic violence, the mother and daughter are still living in the shadow of domestic violence.
Just when the family was at a loss, Osmanthus received a call from the Xianju County People's Procuratorate, and the prosecutor asked her about the current situation at home and said that she wanted to come to the house to have a look.
Zhang Jingjing, Director of the Sixth Procuratorate Department of the Xianju County People's Procuratorate: In the process of handling the case, we will also pay special attention to the protection of the rights and interests of some women who have been violated by domestic violence, and we will also continue to follow up on their lives and later living conditions.
Although the case of Osmanthus has been concluded, the Women's Federation and the judiciary are still concerned about the family. Since the promulgation and implementation of the Anti-Domestic Violence Law, the All-China Women's Federation has made anti-domestic violence work a regular and basic task to protect the rights and interests of women and children in accordance with the law, actively performing its duties, and working with relevant departments to promote the implementation of the Anti-Domestic Violence Law. In 2022, the Supreme People's Procuratorate, in conjunction with the All-China Women's Federation, deployed and carried out the activity of "Paying Attention to Women in Difficulty and Strengthening Special Judicial Assistance", focusing on the goal that "all women in difficulty who meet the conditions for assistance shall be provided with assistance in a timely manner", and comprehensively implement various assistance and assistance measures for women who have suffered violations and crimes in the procuratorial and case-handling process. Local procuratorial organs and women's federation organizations are to establish and complete working mechanisms in areas such as discovering leads on transferring and accepting judicial assistance, coordinating the development of diversified social assistance measures, and joint return visits. From 2022 to the first half of this year, a total of 3,9 women in need have been rescued through special activities, and 4 million yuan of judicial aid has been distributed. Among these women who have received judicial assistance and help in difficulties is osmanthus.
In June 2022, the Xianju County People's Procuratorate decided to give 6,20000 yuan to Osmanthus after review, and requested the Taizhou Municipal People's Procuratorate to give joint assistance, and issued 20000,<> yuan of relief to Osmanthus again. The <>,<> yuan solved the urgent need of osmanthus.
And in the long run, how can osmanthus be included in the social assistance system to solve her worries? The Xianju County Women's Federation and the procuratorate contacted the street where Osmanthus was located to help her submit relevant materials, and after the Xianju County Civil Affairs Bureau reviewed and determined that Osmanthus met the conditions for applying for the minimum living security, and went through the relevant procedures for her.
Considering Osmanthus Hua's physical condition, the local women's federation and the joint procuratorate applied for a public rental house with an elevator for her to facilitate her travel. And while the material life is guaranteed, how to untie the knot of the mother and daughter who have been subjected to domestic violence all year round? The staff of the women's federation and the procuratorial organs tried every means to provide them with psychological counseling. With the consent of the mother and daughter, the counselor introduced the psychological trauma they had encountered.
The Women's Federation and the procuratorate have followed up and paid a long-term follow-up visit to the osmanthus mother and daughter, and slowly helped them establish a positive understanding of themselves through psychological counseling. The county women's federation also connected with relevant units to introduce jobs to osmanthus daughters, providing a variety of psychological and material support.
Psychological counselor Yan Min: We also found that Osmanthus's daughter, in the process, slowly walked out of the haze and shadow of domestic violence.
Now, Osmanthus has a basic living guarantee, the eldest daughter has graduated from college and joined the work, and the younger daughter is also doing an internship, she feels that there is hope for her future life. There was a ray of light slowly shining into Osmanthus's heart, and the ice of traditional thought was slowly melting, Osmanthus said that if Xu came to trouble her again, she would no longer be silent.
All localities are actively exploring ways to effectively implement the anti-domestic violence system
Domestic violence is not a so-called domestic matter, and the dissuasion of outsiders is not nosy. How can the anti-domestic violence system be implemented more effectively? Positive explorations are also being carried out in various localities.
In the Xianju County Women's Federation, Wan Peihong, a staff member, found that nowadays, more and more victims of domestic violence are able to take the initiative to speak out and actively seek help from the outside world.
After understanding the basic situation of the visitor, the staff of the Xianju County Women's Federation will inform the person concerned how to collect evidence of domestic violence and how to protect his rights. Depending on the situation, the local women's federation will contact the public security bureau to assist the victim in applying for a domestic violence warning letter, or assist the person concerned in applying to the court for a personal safety protection order, so as to protect the personal safety of the victim of domestic violence, his children and certain relatives.
Various measures against domestic violence have been implemented, and victims have more ways to seek redress. Some experts pointed out that in the face of domestic violence, while making good use of legal means, psychological intervention for perpetrators of domestic violence should not be neglected.
Lei Mingguang, Professor, School of Law, Minzu University of China: Regarding domestic violence, we feel that it is not enough to stop him from committing domestic violence, but we also think that it is necessary to carry out psychological correction for both the perpetrator and the victim. In fact, the reason why the abuser uses violence to solve family problems is that he actually wants to control the other party. He himself has high self-esteem and low self-esteem, he himself has psychological defects, he feels that only by using violence can the other party obey me, listen to me, I will become the head of the family, in fact, his psychology is defective.
On March 2022, 3, the "Jiangsu Provincial Anti-Domestic Violence Regulations" came into effect; On March 1 of the same year, the Supreme People's Court, the All-China Women's Federation, and seven other departments jointly issued the "Opinions on Strengthening the Implementation of the Personal Safety Protection Order System", emphasizing measures to provide psychological counseling to perpetrators and victims when necessary. In May 3, the Tianning District People's Court of Changzhou City, Jiangsu Province, issued the country's first compulsory psychological intervention personal safety protection order.
It is understood that the parties in this case had conflicts due to economic and other issues shortly after marriage, and quarreled frequently, and the man repeatedly beat the woman. The woman filed for divorce, and when the two parties quarreled over the division of property, and the man did it again, the woman decided to go to court to sue for divorce and apply for a personal safety protection order, requesting that the husband be prohibited from committing domestic violence and moving out of the woman's house. In the process of hearing this divorce case, the judge found that there were certain problems in the process of getting along with the husband and wife.
Judge Wang Dongli of the Tianning District People's Court of Changzhou City: Because the man has domestic violence, we need to give him psychological correction and legal education. In order to prevent the man from using this radical and violent way to solve the problem once he encounters a conflict, we must change the way he deals with the conflict in his heart.
The court ordered the husband to receive regular psychological counseling and correction during the six-month period of the personal safety protection order. At the same time, the Tianning District People's Court, together with the local women's federation, also conducted a four-week psychological counseling session for the woman, teaching her to improve the way she communicates with others, and hopes that she will not be afraid of another marriage that may start in the future.
According to the presiding judge of the case, after receiving psychological treatment, the man quickly fulfilled the personal safety protection order and moved out of the woman's residence within three days. In her communication with the psychological counselor, the woman also expressed her thoughts and demands on the handling of divorce disputes. After mediation, the parties reached an agreement on divorce and property disposal, and the divorce dispute was settled through mediation.
The "Compulsory Psychological Intervention Personal Safety Protection Order" further promotes the "Personal Safety Protection Order" system to play a positive role, strengthens psychological intervention for perpetrators, and prevents and stops the recurrence of domestic violence; Provide psychological counseling to victims to help them get out of the shadow of domestic violence.
All parties work together to build an anti-domestic violence legal protection network
Osmanthus proves with her own personal experience that in the face of domestic violence, tolerance cannot be exchanged for harmony, concession cannot be exchanged for happiness, and only by no longer being silent and bravely saying "no" can we cross the storm. We also see that under the guidance of laws and regulations, functional departments have formed a joint force to help the "osmanthus" build a safe haven. The vitality of the law lies in its implementation, and only by making the legislative spirit and legal system of anti-domestic violence better applied can we better support the victims and make the perpetrators pay the due price.
(CCTV News Client)