Chinanews client, Beijing, November 25th (Peng Ningling) November 25th is the International Anti-Domestic Violence Day.
"The law does not enter the house"?
Only women suffer domestic violence?
Others' domestic violence has nothing to do with me?
Do you know the big mistakes about domestic violence?
Data map: Changsha, volunteers on the streets collectively swear to oppose domestic violence.
Photo by Yang Huafeng
-"The law does not enter the house"? Anti-domestic violence is a sign of social civilization and progress
In 2016, China’s first anti-domestic violence law, the “Anti-domestic Violence Law of the People’s Republic of China” came into effect, which clearly stated that “the state prohibits any form of domestic violence.”
"Domestic violence is prohibited." In the "Civil Code of the People's Republic of China" that came into effect on January 1 this year, this is also the basic principle for handling marriage and family relations.
On November 25, 2020, the Supreme People's Court issued ten typical cases of personal safety protection orders, clearly mentioning that "the law does not enter the house" has become history, and opposing domestic violence is a sign of the progress of social civilization.
-Spreading privacy is considered domestic violence, and witnessing domestic violence may also be the victim
The Anti-domestic Violence Law clearly stipulates that the term “domestic violence” referred to in this law refers to physical and mental violations committed by family members by means of beating, binding, mutilating, restricting personal freedom, and frequent abuse and intimidation.
In Guangdong, the "Guangdong Province’s Measures for the Implementation of the Anti-Domestic Violence Law of the People’s Republic of China", which came into effect on October 1, 2020, has made more detailed provisions on this, and clearly defined "insults, slanders, and slanders between family members". Spiritual violence such as spreading privacy, threats, stalking, and harassment is also included in the category of domestic violence, and at the same time, “the use of Internet means to commit physical and mental violations” is clearly defined as domestic violence.
Guangdong also stipulates that minors who witness domestic violence are also victims of domestic violence.
Data map: Liaoning community built a shelter for elimination of domestic violence.
Photo by Li Tiecheng posted by China News Agency Photo source: CNSPHOTO
——Only women suffer domestic violence?
In many exposed cases, the victims of domestic violence are often women.
But women are by no means the only victims of domestic violence.
According to a sample survey conducted by the China Women's Federation, there are also men who are beaten by their partners, and domestic violence also occurs between parents and minor children, and between adult children and elderly parents.
In 2019, the Women's Federation of Hangzhou, Zhejiang Province released the "Research Report on Anti-Domestic Violence Work in Hangzhou (2016-2018)".
The white paper shows that in 2018, the total number of domestic violence complaints fell for the first time since the anti-domestic violence law was implemented.
But in contrast to this, the number of male reports continued to increase year by year in the past three years.
——Can't the anti-domestic violence law be applied at the stage of love and after divorce?
In life, many domestic violence incidents occurred during dating, and there were also many cases where one party threatened and harassed the other party after divorce.
Can the anti-domestic violence law still apply after dating or divorce?
In November 2020, the Supreme Law issued a typical case of issuing a personal safety protection order against "domestic violence after divorce": After a couple divorced through mediation, the woman lived with three minor children.
However, whenever the man is in a bad mood and goes to the woman’s home to harass, intimidate or even beat the woman and the three children, the woman calls the police many times, but the effect is very small.
Later, the woman brought three children to the court, requesting the court to order the man to prohibit beating, threatening, harassing, and stalking the four mothers and children and their close relatives.
Later, the Haizhou District People’s Court of Lianyungang City, Jiangsu Province ruled: 1. The man is prohibited from committing domestic violence against the woman and three children; 2. The man is prohibited from harassing, stalking, and contacting the four mothers and children of the woman and their close relatives.
The Supreme Law believes that the anti-domestic violence law applies to family members, and the existing laws define family members based on the legal relationship formed by blood, in-laws, and adoption.
In addition, the Anti-domestic Violence Law clearly stipulates that “violent acts committed between people living together other than family members shall be implemented with reference to the provisions of this law”, which means that violence that occurs between persons in guardianship, foster care, cohabitation, divorce, etc. Be included in domestic violence and be bound by law.
Data map: Chengdu Women's Rights Protection and Rescue Center. The picture shows the staff chatting with the rescued women.
Photo by China News Agency reporter Liu Zhongjun
——Others' domestic violence has nothing to do with me?
According to data from the World Health Organization in 2017, one-third of women worldwide have experienced physical or sexual violence, and less than 10% of women have reported to the police.
"Anti-domestic violence is the joint responsibility of the country, society and every family." The Anti-Domestic Violence Law stipulates this.
The law stipulates that entities and individuals have the right to promptly dissuade them when they discover that domestic violence is occurring.
In addition, schools, kindergartens, medical institutions, residents committees, villagers committees, social work service agencies, rescue management agencies, welfare agencies and their staff have found that persons with no capacity for civil conduct, persons with limited capacity for civil conduct have suffered or are suspected of suffering from their families during their work. Violent cases should be reported to the public security organs in a timely manner.
If the above-mentioned agencies and their staff fail to report the case to the public security organs in accordance with the regulations, causing serious consequences, the higher-level competent department or the unit shall impose sanctions on the directly responsible person in charge and other directly responsible persons in accordance with the law.
In January 2020, the Supreme People’s Procuratorate and the All-China Women’s Federation also issued the “Notice on Establishing a Cooperation Mechanism for Jointly Promoting the Protection of the Rights and Interests of Women and Children”, requesting women’s federations at all levels to discover that women and children have been subjected to domestic violence, sexual assault, or civil and administrative lawful rights and interests. In case of clues such as infringement or letters or visits involved in procuratorial work, the clues of the case or letters and visits involved in procuratorial work shall be promptly transferred to the procuratorate at the same level.
The procuratorate that accepts the case shall deal with it in a timely manner, handle it quickly, and feed the processing results back to the Women’s Federation.
-Dealing with domestic violence can be "mixed with mud"?
In reality, due to long-standing misunderstandings and other issues, some domestic violence incidents cannot be dealt with in time even if they are reported to the police, leading to tragedies.
The Anti-Domestic Violence Law stipulates that after receiving a domestic violence report, the public security organs shall promptly dispatch the police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist victims in seeking medical treatment and appraising injuries.
If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers serious bodily harm due to domestic violence, faces personal safety threats, or is in a dangerous state such as unattended, the public security organ shall notify and assist the civil affairs department to place them in temporary shelters and provide assistance Management agency or welfare agency.
According to the law, when the perpetrator commits domestic violence and constitutes a violation of public security management, public security management penalties shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
If the circumstances of domestic violence are relatively minor and the public security management punishment is not imposed in accordance with the law, the public security organ shall criticize and educate the perpetrator or issue a letter of warning.
The warning letter should include the identity information of the perpetrator, the fact statement of domestic violence, and the prohibition of the perpetrator from committing domestic violence.
The public security organ shall send the warning letter to the perpetrator and the victim, and notify the residents committee and village committee.
Residents’ committees, village committees, and police stations shall inspect the perpetrators and victims who have received the warning letter, and supervise the perpetrators to stop committing domestic violence.
State officials with anti-domestic violence duties who neglect their duties, abuse their powers, or engage in malpractices for personal gains shall be punished in accordance with law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Data map: A woman who has suffered domestic violence from her husband for nearly 30 years is divorced.
Photo by China News Agency reporter Liu Guanguan
——Only a person can apply for a personal safety protection order?
The Anti-domestic Violence Law stipulates that if a person has suffered domestic violence or is facing a real danger of domestic violence, and he applies for a personal safety protection order to the people's court, the people's court shall accept it.
In March this year, the Supreme People's Court introduced that from 2016 to 2020, the national court system issued a total of 7,918 personal safety protection orders.
Can only the parties apply for a habeas corpus?
According to the law, if the party is a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation, etc., his close relatives, public security organs, women’s federations, residents’ committees, villagers’ committees, etc. The rescue management agency can apply on its behalf.
After the people's court accepts the application, it shall make a personal safety protection order or reject the application within 72 hours; if the situation is urgent, it shall make it within 24 hours.
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 admonishment, and may impose a fine of less than 1,000 yuan and detention for less than 15 days according to the seriousness of the circumstances.
——Domestic violence, unable to divorce?
According to the "Civil Code", the court shall conduct mediation in divorce cases. If domestic violence or abuse or abandonment of family members is committed, and the mediation is invalid, the divorce shall be granted.
Divorce property division is based on the principle of taking care of the innocent party.
The court may, based on the circumstances of the case, determine the proportion of the violent party's less property to punish the perpetrator.
If one party is divorced due to domestic violence, he can also request compensation for damages from the offending party.
Domestic violence is not a domestic ugly, but an illegal crime, it only has 0 times, and countless times.
Don't forbear, don't be silent, and be brave to resist!
(over)