China News Service, July 15. The Supreme People's Court held a press conference on the 15th to issue the "Supreme People's Court Regulations on Several Issues Concerning the Application of Law in Handling Personal Safety Protection Order Cases" (hereinafter referred to as the "Regulations").
Wang Dan, a second-level senior judge of the First Civil Division of the Supreme People's Court, introduced at the meeting that victims of domestic violence can consciously retain and collect evidence such as telephone recordings and text messages when they suffer from domestic violence or face the real danger of domestic violence, and apply for personal safety protection. Submit the order to the people's court.
A reporter asked at the meeting: It is understood that a certain proportion of applications for personal safety protection orders are rejected by the court due to insufficient evidence.
The "Regulations" specifically stipulate the form of evidence and the standard of proof. What practical problems can these new regulations help applicants solve?
In this regard, Wang Dan said that evidence is a very critical issue in the judicial practice of personal safety protection orders.
According to the survey, the main reason for the rejection of personal safety protection order applications is insufficient evidence, which greatly restricts the effective play of personal safety protection orders.
Article 20 of the Anti-Domestic Violence Law stipulates that when a people's court hears a case involving domestic violence, it may determine the facts of domestic violence based on evidence such as police dispatch records, warning letters, and injury appraisal opinions from public security organs.
But the above evidence is not easy to obtain.
A considerable number of applicants were not supported because they were unable to provide the above-mentioned evidence.
Therefore, on the basis of in-depth research, according to the characteristics of domestic violence, the trial practice experience is summarized, and ten types of evidence are listed. The more common ones are the statement of both parties, the letter of repentance or guarantee issued by the respondent, and the Records of phone calls, text messages, medical records of medical institutions, records of women's federations receiving complaints or asking for help, etc.
When a victim of domestic violence suffers from domestic violence or faces the real danger of domestic violence, they can consciously retain and collect the above evidence, and submit it to the people's court when applying for a personal safety protection order.
Wang Dan emphasized that for the issue of proof standards, the "Regulations" also clarified that the proof standard of personal safety protection order cases is "high probability", and it does not need to reach "high probability", thus reducing the difficulty of proof for applicants.
At the same time, the "Regulations" further reiterated the provisions of the people's courts to investigate and collect evidence according to their powers.
These regulations improve the evidence rule system for cases of personal safety protection orders, further eliminate the difficulty of proof for victims of domestic violence, provide stronger institutional support for protecting the legitimate rights and interests of victims of domestic violence, and ensure that the people are safer and more dignified life.