Newsweek丨The judicial interpretation officially implemented the personal safety protection order, which has been upgraded in these aspects→
Bai Yansong: There is an old Chinese saying, "It is difficult for a clean official to cut off housework." This sentence has been around for too long. Today, many of the connotations are actually wrong. For example, what should I do if I suffer domestic violence in my family?
"It is difficult for a clean official to cut off housework", then don't care?
Obviously not!
The "Anti-Domestic Violence Law" was introduced in 2016. One of the very eye-catching clauses is the personal safety protection order. If you have collected all kinds of domestic violence evidence, once it is determined, the judiciary will support you and give you an order. Issue a personal safety protection order.
However, in the past 6 years of practice, only 10,917 personal safety protection orders have been issued across the country, which is obviously not many. Many people find it too troublesome. The legal provisions themselves do not have teeth, and it is difficult to play a protective role. In response to everyone's voice, the relevant judicial interpretation was launched in July this year, and the upgraded version of the personal safety protection order was officially implemented on August 1. In what ways has it been upgraded?
Can we completely protect our personal safety this time?
A personal safety protection order is an invisible barrier to quickly stop and prevent domestic violence.
After the Anti-Domestic Violence Law was promulgated in 2016, and after the creation of this legal system, by the end of last year, courts across the country had issued a total of 10,917 personal safety protection orders, protecting the personal safety of victims of violence from a legal perspective.
Zheng Xuelin, President of the First Civil Division of the Supreme People's Court: In recent years, there have been certain obstacles in the making and execution of personal safety protection orders. How to give full play to the role of the personal safety protection order system and maximize the protection of the legitimate rights and interests of victims of domestic violence become an urgent problem to be solved.
In response to this problem, the Supreme People's Court issued the latest Judicial Interpretation on Personal Safety Protection Orders, which came into effect on August 1.
This is also the first judicial interpretation issued by the Supreme Court since the Anti-Domestic Violence Law was incorporated into the personal safety protection order system.
On the same day, the Shanghai Minhang Court issued its first personal safety protection order after its implementation.
Ms. Chen: He is a very short-tempered person. When he beats me, my body can't stand it. Sometimes I can't sleep at night. I'm afraid when I think of him.
She had been imprisoned for many years because of her husband's crime, and the two had not lived together for a long time. She alone took up the family responsibility of raising her daughter and taking care of her parents-in-law.
Ms. Chen: When he was in prison, I often went to see him. I also hoped that he would come back so that the family could not be scattered anymore, because there are old people and young people, I always think so.
I said to him, you can't hang around like this anymore, you've been in prison for 20 years, you're almost 60 now, but you still hang out outside after you get out of jail.
The daughter has married, and she has been waiting for many years, so Ms. Chen always has a glimmer of hope for the family and is reluctant to divorce, so she endured the abuse.
But later, her husband fought a lot, and Ms. Chen could only hide at a relative's house.
But after repeated and repeated violence was applied to herself, she finally chose the path of divorce and applied for a personal safety protection order to the court.
Ms. Chen: On May 5th of this year, I walked in and scolded me. The scolding was very ugly. I said you stupid woman, if you dare to say anything today, I will kill you with a knife, and I am too scared. Dare to speak.
Wherever he went, my daughter followed wherever he went, for fear that he would come into the room and chop me up with a knife.
I struggled until midnight that night. I was thinking that I should apply for a protection order. I told the lawyer that my heart was completely cold, and my heart was cold.
According to the New Judicial Interpretation, because the parties suffer or face the danger of domestic violence, they can apply to the people's court for a personal safety protection order in accordance with the "Anti-Domestic Violence Law" as long as relevant evidence is collected and prepared.
After Ms. Chen successfully applied for a protection order, she said that she had not been harassed in the past few days.
Tian Zhen, Judge of the People's Court of Minhang District, Shanghai: During the process of serving the civil ruling to both parties, we will also serve the civil ruling to the neighborhood committee where the applicant is located and the corresponding public security organ. The public security organ and the neighborhood committee have corresponding to urge the respondent to fulfill the prohibitive provisions made in the civil ruling.
If the respondent violates the corresponding provisions, he may be investigated for the corresponding criminal responsibility for the crime of refusing to execute the judgment in accordance with the provisions of Article 313 of the Criminal Law.
The judge said that in the six years since the anti-domestic violence law was enacted, the court had heard 59 habeas corpus cases, and issued only 16 habeas corpus orders.
In the past legal practice, due to the difficulties faced by applicants in producing evidence, difficulties in court certification, and differences in people's perceptions, the number of applications for protection orders is relatively small in various places.
Compared with the previous low issuance rate, after the issuance of the new order, the definition of audit standards will be more relaxed, and the scope and degree of protection will be broader.
Tian Zhen, Judge of the People's Court of Minhang District, Shanghai: According to the previous anti-domestic violence law, it is difficult to make a personal safety protection order.
However, after the new judicial interpretation stipulates, it pays more attention to the protection of personal dignity and protects every citizen to live in a family with more dignity.
Ms. Chen's lawyer: The respondent is your husband. If the protection order expires and there are similar behaviors, we can file a personal safety protection order with the court again, which is also possible.
On the occasion of the official implementation of this judicial interpretation, we are all looking forward to more victims of domestic violence who can face it bravely, not be silent "lambs", enhance the awareness of evidence, and take up legal weapons. Take the initiative to protect your legitimate rights and interests as much as possible.
Bai Yansong: From 2016 to the end of 2021, a total of 10,917 personal safety protection orders have been issued across the country. Although there are many reasons, there are many of them. The important point is that there is insufficient evidence. It is indeed difficult for victims to provide clear evidence that meets judicial requirements to protect themselves, because the provisions at the time required that there was a "high probability" of facing the actual danger of domestic violence, and this time The upgraded version of the personal safety protection order is changed to "higher probability", from "high probability" to "higher probability". At this time, the threshold for providing relevant evidence is lowered, and our sense of personal security will be reduced. So boost?
At noon on August 2, the police at the Huaxi Police Station in Banan, Chongqing received a lady Chen who claimed to have just suffered domestic violence.
Ms. Chen's injuries were mainly concentrated on her arms and head. She told the police that her husband picked up a wooden stick and beat her up early in the morning because of trivial life issues.
She and her husband are both decoration workers on the construction site. A few years ago, her husband became seriously ill and his temper became very bad.
Ms. Chen: This time, because I was working on the construction site, there was a little thing. Anyway, he didn't like that, and he felt uncomfortable, so he hit someone.
Before he beat me, I felt that my family shame could not be made public. I have never sought help from the streets, women's federations, or police stations. I only sought help from my parents, relatives and sisters at home, consulted with them, and persuaded him, but every persuasion would not last for two days. , I have no choice.
This is the first time Ms. Chen has reported to the police after experiencing domestic violence for many years. The police issued a violent warning letter to her husband, and also advised her to apply for a habeas corpus with the Banan District Court.
Hearing this unfamiliar term, she seemed to be in a bit of trouble with her low education level.
Ms. Chen: I didn't know before I came here. When I came to the police station, the police told me a personal safety protection order.
I have no culture, I don't understand those laws.
But I know that you can't hurt people on purpose, and I don't understand the rest.
In many areas, the awareness of personal safety protection orders needs to be improved, and the protection order requires the parties to apply to the court by themselves, which increases the difficulty for some parties.
In Chongqing, this problem has been solved to a certain extent. Two years ago, the courts, the public security, and the Women's Federation established a "one-stop" application mechanism for personal safety protection orders. Assist with the application, which saves Ms. Chen from having to make another trip to court.
Qin Zheng, Sergeant of Huaxi Police Station in Banan District, Chongqing: In the past, people came and ran, and the parties took the initiative to go to the court to apply for a personal safety protection order. The process was complicated and it took a long time.
Since the establishment of a one-stop personal safety protection order application mechanism, our staff assists her to complete the entire application process on the Yili platform in the public service platform of the people's court.
After the police helped Ms. Chen upload relevant information, Judge Liu Xiurong saw all the information of the case through the sharing platform at Banan District Court, ten kilometers away from the police station, including photos of Ms. Chen's injury, receipts from the police and other important evidence.
For this case, there is another special point. The judicial interpretation of the personal safety protection order came into effect the day before. The applicant only needs to prove that there is a "high probability" that he has suffered domestic violence or is facing a real danger of domestic violence. It is no longer necessary to achieve "high probability".
Liu Xiurong, Vice President of the People's Court of Banan District, Chongqing: This judicial interpretation essentially solves a dilemma in trial practice. Previously, judges still used the concept of civil trial for personal safety protection orders, emphasizing that the evidence is indeed sufficient. That is, civil cases require a high degree of probability.
However, our personal safety protection order is a procedural review. It is more about prevention and prevention. Therefore, the judge should judge whether there is a possibility of such a danger in the future based on the existing evidence. If there is, it will be issued. So it must be lenient, not strict.
Insufficient evidence is the biggest problem when applying for habeas corpus. With the introduction of judicial interpretations, this situation is expected to improve. The judicial interpretations list ten kinds of evidence to prove that domestic violence is "highly likely", including audio-visual materials, text messages, The other party's letter of repentance, police receipt, etc. are included.
This specific change makes it possible for a judge to issue a protective order quickly.
Liu Xiurong, Vice President of the People's Court of Banan District, Chongqing: The purpose of the personal safety protection order is to quickly control the situation. If it is issued very slowly, it will encourage the arrogance of the abuser. It is the "Anti-Domestic Violence Law" that is issued within 72 hours. After the promulgation of the judicial interpretation, because it clarifies the standards and types of evidence, the possibility of completing the issuance within 72 hours is greatly improved. We can issue it in 20 minutes.
After the habeas corpus was issued by the judge, it was printed out in the color printer of the police station, and handed over to Ms. Chen by the police to take effect.
From March 2016 to August 2, 2022, over six years, Banan District, Chongqing City issued a total of 493 habeas corpus orders, which ranks in the forefront of all districts and counties in the country.
Of the 493 protection orders, more than 80% were filed with the assistance of the public security and women's federations, which also highlights the important role of inter-departmental linkages.
Bai Yansong: This upgraded version of the personal safety protection order also clarifies the scope of more protected persons. For example, people who live together other than family members will be protected by daughter-in-law, son-in-law, in-laws, parents-in-law and others who have guardianship and support. , people in foster care and other relationships are included in the scope of protection, so what about lovers?
Legally not a family, but if you are in a relationship and have no cohabitation or have a close relationship, does violence count as domestic violence?
Can I be protected by a personal protection order?
On August 3, poet Yu Xiuhua posted a lawyer's letter on social platforms asking her ex-boyfriend to stop posting insulting and defamatory remarks.
The dispute stemmed from the beating of Yu Xiuhua in July.
A public security mediation agreement shows that Yu Xiuhua was slapped and strangled by her ex-boyfriend.
In the apology letter, his ex-boyfriend admitted domestic violence, but in a follow-up interview, he said that because the two were not in a legal relationship between husband and wife, they believed that beating Yu Xiuhua was not domestic violence.
Feng Yuan, co-founder of Beijing Weiping Women's Rights Organization: Although the Supreme People's Court's regulations on personal safety protection orders that came into effect on August 1 also set a framework for this scope, it did not mention romantic relationships, cohabitation relationships, etc. etc, but it has the word "wait".
We all know that such examples cannot be exhaustive. Among the more than 10,000 protection orders issued by our country, including love, pursuit, cohabitation, including divorce for many years and violence after breaking up, all are within our understanding domestic violence.
At a time when social relations are more diverse, domestic violence does not only occur within the family. The supplementary provisions of the Anti-Domestic Violence Law have recognized this reality.
This judicial interpretation further defines it, that is, violence committed between daughters-in-law, sons-in-law, etc., who live together, and other persons with guardianship and support relationships are also domestic violence.
Feng Yuan, who has participated in the introduction of the Anti-Domestic Violence Law, emphasized that this statement will help protect the rights and interests of special groups such as unmarried cohabitation, staying home after divorce, and children born out of wedlock. It is also common for people in intimate relationships to experience violence or threats despite not living together.
Feng Yuan, co-founder of Beijing Weiping Women's Rights Organization: Living together does not necessarily mean living together under the same roof every day. For example, judges, including public security organs, will be more rigorous or strict in their opinions. They are only willing to adopt and list them. By the way, if our law enforcement officers and judicial officers do not make an understanding based on reality, they will easily be limited to the word "etc.", which will easily lead to some objects that should be protected by the anti-domestic violence law, often in specific cases. It is difficult to obtain judicial protection in the process.
Domestic violence ranges from mild to severe.
Not long ago, Shandong "raincoat man" lurked in the corridor, dragged his ex-wife into the house and had sex.
Some people think that the man's behavior is not domestic violence, mainly suspected of rape.
But in Feng Yuan's view, this is both suspected of rape and domestic violence, and women can apply for either a personal safety protection order or criminal responsibility for their ex-husband.
According to reports, previously, the two had conflicts after their divorce.
Feng Yuan, co-founder of the Beijing Weiping Women's Rights Organization: The reason why he dared to commit violence is that he felt that his behavior (against his ex-wife) was not controlled by him, but as soon as the protection order was issued, he knew the seriousness of his behavior. sex.
If he continues to be violent, he will face further legal responsibility.
So a protection order in this case prevents impending domestic violence.
Generally speaking, the protection order is very strong. In special circumstances, the protection order will be issued within 24 hours. If you call 110 immediately, the public security organ can immediately take coercive measures, which may be more serious than the protection order. quick.
The protection order is more focused on prevention, but if the prevention is missed and serious domestic violence occurs, the personal safety protection order can still be added on the basis of criminal responsibility, which is a double-insurance deterrent. Knowledge of the law needs to popularize the knowledge of domestic violence to the whole population, including the public.
Feng Yuan emphasized that the framing of the applicable objects in this judicial interpretation implies that domestic violence does not discriminate between genders and age, and that some men will also become hidden targets of domestic violence.
Feng Yuan, co-founder of the Beijing Weiping Women's Rights Organization: Especially when adult men are abused, he may be more reluctant to ask for help. These concerns actually stem from social gender stereotypes.
For example, for women, domestic ugliness should not be publicized. For men, they feel that how a big man is still bullied may not meet people's expectations of ordinary men. These are social disciplines.
In Feng Yuan's view, in addition to domestic violence common sense learning and training, some changing ways of thinking are also very important.
In the condemnation of domestic violence, there is a voice saying: "A big man actually bullies a woman", which is criticized; and after a man is raped at home, men more imply that they have to be stoic and strong masculinity, The idea is also not advocated.
Feng Yuan, co-founder of Beijing Weiping Women's Rights Organization: It is this kind of view that seems to protect women. It treats men as a strong person, and stands as if you are the dominant person. You should use a kind of (high above). ) to protect women in such a way that it maintains a relationship of power where men are higher than women, not that no one has the right to inflict violence on another, so it is not an equal relationship against violence .
To be able to criticize such a statement shows that the awareness of gender equality in our society has been increasing.
Similarly, men who encounter domestic violence can also have the courage to defend their rights.
Feng Yuan emphasized that anyone can become a victim of domestic violence, and its essence lies in the unequal gender power relationship. Only by achieving gender equality can violence be eliminated. This is destined to be a long-term reform problem. Good cognition turns into habits and practices in daily life.
Bai Yansong: A law can become a good law, not only in the drafting stage, but more importantly in the implementation stage, it must be known to people, and people in need can truly find security and protection from it, and maintain fairness and justice, so we It is also expected that the personal safety protection order will allow honest officials to dare to cut off housework, and make more people feel safe.