Text / Chen Jing
On January 22, the Baqiao Branch of the Xi'an Public Security Bureau reported the incident of "a man being a child in front of a domestic violence wife" and detained Wang Pengfei for 5 days.
Subsequently, Shaanxi Airport New Silk Road Trading Co., Ltd. informed that the Disciplinary Committee of the Airport Group decided to give Wang Pengfei a serious warning within the party. At the same time, the company decided to revoke Wang Pengfei from all positions.
Domestic violence happens from time to time. Apart from beatings, abuse and other common behaviors, what other behaviors that are easy to ignore are actually domestic violence?
What can bystanders do?
In the face of domestic violence, how can we take legal measures to protect ourselves?
Focusing on the above issues, China News Agency and Guo Shi through train interviewed Huang Yun, a senior partner and lawyer of Beijing Jincheng Tongda (Shenzhen) Law Firm, and Chang Sha, a lawyer of Beijing Jingdu Law Firm.
Question 1: What are the acts of domestic violence?
Huang Yun pointed out that Article 2 of my country's "Anti-Domestic Violence Law" clearly stipulates domestic violence. Domestic violence refers to the acts of beating, binding, maiming, restricting personal freedom, and frequent abuse and intimidation among family members. Physical and mental violations.
But domestic violence is much more than direct physical violence.
Huang Yun said that we tend to ignore domestic violence through "mental violence" in our daily life, mostly through indifference, contempt, laissez-faire, alienation and indifference to family members, or insults, abuse and other means, causing the other party's mental and psychological damage. be violated and hurt.
Compared with direct violence, "cold violence" conducts domestic violence in a more subtle way, and the damage it causes cannot be shown intuitively, so it is difficult for outsiders to know about it in practice, and it is easy not to be regarded as domestic violence.
"This form of domestic violence should not and cannot be ignored. Mental and psychological damage, like physical damage, will bring endless pain to victims of domestic violence." Huang Yun said.
Chang Sha also believes that controlling the other party's daily behavior beyond the normal range, such as forbidding the other party to use the phone and possessing money, tracking and monitoring the other party's whereabouts, deliberately demeaning the other party, manipulating the other party, etc., are also acts of domestic violence.
In addition, sexual abuse, which is not often mentioned, is also domestic violence, such as forcing women to have sex, forcing women to watch pornographic videos or pictures, and refusing to use condoms.
At the same time, Chang Sha emphasized that domestic violence is not limited to husband and wife, but also includes family members such as parents, children and other close relatives who live together. Other family members in the family may also commit domestic violence.
Question 2: In this video, there is also a child and an old man present. In the domestic violence incident, as a bystander, what can you do?
In Huang Yun's view, as a child, due to limited ability, the best way to deal with this is to call the police immediately and stop the perpetrator from continuing to carry out domestic violence through the intervention of the police.
As an elder or an elder, if circumstances permit, the perpetrator must first be stopped from continuing to carry out domestic violence, and the perpetrator must be criticized and educated.
Chang Sha believes that as a bystander, you should prevent the abuser's domestic violence while ensuring your own safety. You can also seek external help, such as looking for neighbors, neighborhood committees, or calling the police, and ultimately prevent domestic violence and prevent further damage. .
In the follow-up process, the perpetrator cannot be shielded, and domestic violence should be faced squarely, so that the perpetrator realizes his own mistakes and avoids irreparable harm in the future.
Huang Yun pointed out that at present, relevant laws and regulations have been promulgated in various parts of my country to encourage employers and all sectors of society to report domestic violence to public security organs and other relevant institutions.
However, it is also necessary to do what we can. If the situation cannot be calmed down, or it is further escalated, it should also be reported to the police immediately.
Question 3: In many cases of domestic violence, the woman usually chooses to forbear and does not take action out of consideration of factors such as maintaining the integrity of the family, worrying about affecting the physical and mental health of the child, and persuading the parents at home. What do you think of this phenomenon?
Chang Sha pointed out that domestic violence is a global problem, but domestic violence is bound by some traditional concepts, which consider these matters private and are unwilling to make them public. As a result, many perpetrators are not punished, and some even worsen.
"Forbearance is the wrong way to deal with it." Chang Sha believes that if domestic violence is not stopped in time, the perpetrator will have no fear, and the victim will be mentally stressed for a long time, which is more likely to lead to the breakdown of marriage and family separation.
At the same time, children who grow up in homes where domestic violence often occurs, through immersion and subtle influence, see that the perpetrator of domestic violence has not been punished, and their physical and mental health will also be adversely affected, greatly increasing the possibility of children using violence when they grow up .
In addition, Huang Yun believes that for outsiders, they have no personal experience in domestic violence incidents and cannot understand the pain and damage suffered by the abused, so they cannot blindly listen to the opinions of bystanders.
Therefore, decisions need to be made rationally and objectively, and cannot be blindly tolerated because of other factors.
"Of course, some specific situations need to be analyzed in detail, such as whether domestic violence is only incidental, whether the perpetrator has the possibility of correction, etc." Huang Yun said.
At present, my country's Anti-Domestic Violence Law, which has been implemented in 2016, has multiple measures to deal with different situations: if the circumstances are minor, the public security organs can criticize and educate the perpetrator or issue a warning letter; if the circumstances are serious, public security management can be given. The victim can also apply for a protection order and seek legal aid from a legal aid agency.
If a crime is constituted, its criminal responsibility shall be investigated according to law.
At the same time, Chang Sha said that we have also seen that in many domestic violence incidents, both parties have eased after the incident and continued to live together. Therefore, there is still another difficulty in dealing with domestic violence incidents, which is the degree of punishment.
If the punishment is too heavy, it may have a certain negative impact on the subsequent life of both parties; if the punishment is too light, it will not achieve the purpose of punishment.
Therefore, Chang Sha suggested that when dealing with domestic violence incidents, it is recommended to fully listen to the thoughts of the victims, have a more comprehensive understanding of the family situation, and choose appropriate punishment methods, so as to ultimately curb violent behavior and promote family harmony.
Question 4: In addition to the exposure of the violence video or the real-name report of the victim, how should you take appropriate measures to protect yourself in the face of domestic violence?
Huang Yun pointed out that there are various ways to deal with domestic violence, which should not be limited to reporting.
In addition to reporting to the police on the spot, you can report the situation to the unit where the perpetrator or victim belongs, the local women's federation, the residents' committee, etc., and you can also apply to the people's court for a habeas corpus. Photos, audio and video recordings, victims' medical records, injury identification and other evidence to determine whether there is domestic violence.
"Therefore, victims should pay attention to preserving and fixing relevant evidence." Huang Yun suggested.
Huang Yun said that for the perpetrator's persistent and frequent violent behavior, those who violate the regulations on public security management punishment can be given administrative punishment according to law;
If the crime of abuse and insult has been convicted in my country's criminal law, the abused person can also file a complaint with the relevant judicial organ;
For domestic violence crimes such as intentional homicide, intentional injury, illegal detention, violent interference with the freedom of marriage, and abuse due to coercion or intimidation, the crime shall be convicted and punished in strict accordance with the relevant provisions of the Criminal Law according to the facts, nature, circumstances and degree of harm of the crime. .
In addition, for domestic violence behaviors by public officials, those suspected of breaking the law or committing crimes will not only be investigated for legal responsibility, but may also be removed from public office and severely punished by party discipline.
In Huang Yun's view, my country has already attached great importance to the problem of violence within the family. Many domestic violence problems are not ignored or resolved, but are difficult to be known to outsiders, and relevant agencies cannot break through the procedural regulations and directly intervene with public power. .
Therefore, while paying attention to solving the problem of domestic violence, the whole society should also give more care, help, tolerance, etc. to the victims of domestic violence, and encourage them to have the courage to expose and tell the phenomenon of domestic violence, so that the perpetrators have nowhere to "hide".
Chang Sha also suggested that when the victim seeks help from the outside world, he must explain the details and clearly express the way he wants to deal with it, so that other institutions can provide help.