Stopping domestic violence is a righteous act! Hebei will be officially implemented on January 1 next year

Hebei revised the law to refine domestic violence prevention and treatment measures

　　Our reporter Zhou Xiaopeng

　　On November 29, the 34th meeting of the Standing Committee of the Thirteenth National People's Congress of Hebei Province voted to pass the newly revised "Hebei Provincial Anti-Domestic Violence Regulations" (hereinafter referred to as the "Regulations").

The "Regulations" has 47 articles in six chapters. It further clarifies the responsibilities of all parties in the anti-domestic violence work, and details the relevant measures and legal responsibilities such as domestic violence prevention, treatment, and victim assistance. It will start on January 1, 2023 implement.

　　"The revision and implementation of the "Regulations" provides a strong legal guarantee for effectively preventing and stopping domestic violence, effectively safeguarding the legitimate rights and interests of family members, maintaining equal, harmonious and civilized family relationships, and promoting family harmony and social stability." Hebei Provincial People's Congress Zhou Ying, Director of the Legislative Affairs Committee of the Standing Committee, told a reporter from the Rule of Law Daily.

Striving to establish the new and waste the old to show the highlights and characteristics

　　In 2004, Hebei promulgated the "Regulations on the Prevention and Suppression of Domestic Violence in Hebei Province", which became the first provincial-level local regulations specifically targeting domestic violence and played an important role in preventing and suppressing domestic violence.

　　With the promulgation and implementation of the "Anti-Domestic Violence Law of the People's Republic of China" and the continuous development of the economy and society, the status and role of family construction in social construction have become more prominent, and the anti-domestic violence work in Hebei Province has also encountered some new situations and new problems.

　　In order to connect Hebei's local laws and regulations on anti-domestic violence with the provisions of higher-level laws, effectively solve some institutional obstacles in the promotion of anti-domestic violence, and legalize Hebei's achievements in anti-domestic violence mechanism construction and judicial practice To further prevent and stop domestic violence, the Standing Committee of the Hebei Provincial People's Congress carried out in-depth research and extensively solicited opinions, and revised the "Regulations on the Prevention and Stop of Domestic Violence in Hebei Province".

　　Zhou Ying said that the "Regulations" establishes the new and discards the old, the legislative concept more embodies the legislative spirit of the higher-level law, the legislative content shows the highlights and characteristics of Hebei, and the legislative form emphasizes systematization, normativeness and operability.

　　"In the process of revising the "Regulations", adhere to the leadership of the party, adhere to the rule of law, and adhere to the problem orientation, let the socialist core values ​​take root in every family, maintain the unity, seriousness, and authority of the rule of law, and crack Hebei's anti-domestic violence based on reality. problems at work, and build an anti-domestic violence legislation system with Hebei characteristics." Zhou Ying said.

Clarify departmental responsibilities, highlight prevention

　　Domestic violence is not a "private matter" but a "public matter".

The "Regulations" make it clear that anti-domestic violence is the joint responsibility of the state, society, and every family. It stipulates the organizational and leadership responsibilities of people's governments at all levels, establishes and improves the anti-domestic violence work system, and provides necessary financial guarantees for anti-domestic violence work.

At the same time, the responsibilities of organizations responsible for women and children's work in people's governments at or above the county level to organize, coordinate, guide, and urge relevant departments to do a good job in anti-domestic violence are specified.

　　Regarding the anti-domestic violence responsibilities of relevant government departments, judicial organs, people's organizations, and social organizations, the "Regulations" specify that public security organs, judicial administrative departments, people's courts, and people's procuratorates should carry out anti-domestic violence warning and education activities in accordance with the law. Marriage registration agencies Family virtue education and anti-domestic violence publicity should be carried out, and education departments should supervise and guide schools and kindergartens to perform anti-domestic violence responsibilities.

In addition, encourage and guide units and individuals to resist domestic violence, and those who meet the conditions for recognition of bravery will be commended, rewarded and guaranteed in accordance with relevant regulations.

　　The content of the "Regulations" reflects the governance concept of prevention first and punishment second.

Among them, targeted preventive measures such as departmental prevention, social prevention, unit prevention, and grassroots prevention are stipulated; anti-domestic violence is integrated into the daily work and daily life of each unit and department, and the "eight inclusions" are realized, that is, included in people's governments at all levels Law popularization planning, incorporated into grassroots community governance and grid management system, incorporated into marriage education counseling content of civil affairs departments, incorporated into the scope of grassroots public legal services, incorporated into school and kindergarten education content, incorporated into residents' conventions, village regulations and civil agreements, and incorporated into the behavior of employees of employers Management norms, incorporated into the business training content and statistical work of public security, civil affairs and other departments.

Detailed disposal measures give key protection

　　In order to effectively protect people who suffer from domestic violence, the "Regulations" embodies the principle of the victim as the core, and clarifies the corresponding rights of victims of domestic violence in different links, including the rights to complain, reflect, seek help, report, etc., as well as warnings, mandatory reports, personal Measures such as safety protection orders and temporary asylum applications stipulate the measures that relevant units should take after receiving complaints and help from victims of domestic violence, their legal representatives, and close relatives, and strive for early detection, early intervention, and early reporting.

　　The "Regulations" detailed the work process of the public security organs in dealing with domestic violence, and stipulated matters such as the public security organs' handling of the police, investigation and evidence collection, risk assessment, notification of rights, assistance in medical treatment, assistance in asylum and assistance, etc.

Clarify that the public security organs should dispatch the police in a timely manner after receiving a report of domestic violence, stop the ongoing domestic violence, investigate and collect evidence in accordance with the regulations; , Unify the entry standard and standardize the entry work.

　　In terms of relevant disposal measures, the "Regulations" stipulates that for domestic violence that is relatively minor and not punished by public security management in accordance with the law, it specifies six situations where the warning letter is applicable and the time limit for issuing it; it proposes to improve the system of personal safety protection orders, detail The specific measures for personal safety protection orders are clarified, and the responsibilities of public security organs, residents' committees, and villagers' committees to assist in the implementation of personal safety protection orders are clarified.

　　The "Regulations" give special protection to special groups, embody humanistic care, and stipulate special protection measures for minors, the elderly, the disabled, pregnant and breastfeeding women, and seriously ill patients who suffer from domestic violence.

Considering that these vulnerable groups in the family relationship need more external help when they encounter domestic violence, the "Regulations" further supplement and improve the mandatory reporting of domestic violence, and the above-mentioned groups are victims of domestic violence and cannot report due to coercion, intimidation, etc. The situation of the person who reported the crime was included in the scope of mandatory reporting, and the reporting obligations of various organizations and their employees in other industries that are in close contact with minors have been increased.

Integrate rescue forces and strengthen duty performance supervision

　　The "Regulations" highlight joint prevention and treatment, coordination and cooperation, and comprehensive governance, and specify multi-departmental and multi-agency cooperation, collaboration, and assistance regulations. The relevant content is reflected in the various chapters and clauses of domestic violence prevention, treatment, and victim assistance.

　　The "Regulations" insist on government leadership, departmental responsibility, social participation, and shared governance, and set up a special chapter to make operable regulations on the rescue of victims of domestic violence. Specific provisions have been made on education intervention measures, judicial aid, legal aid, and social aid measures, clarifying the departmental and judicial supervision of the performance of relevant units, and forming a domestic violence victim aid system that is jointly participated by all forces and organically connected. .

　　The "Regulations" stipulate the victim's right to seek asylum and assistance, and provide judicial assistance and legal aid to eligible victims in accordance with the law; it is clear that domestic violence perpetrators should be educated on the rule of law, and those who have committed domestic violence many times or are subject to public security due to domestic violence The perpetrators of administrative punishment and criminal punishment should receive psychological counseling and behavior correction; provide psychological counseling for victims, perpetrators, and minors who have witnessed domestic violence when necessary, promote the reconstruction of harmonious family relationships, and prevent the recurrence of domestic violence .

　　In terms of supervision over the performance of the anti-domestic violence-related functional departments, the "Regulations" stipulates that if the agencies responsible for women and children's work of the people's government at or above the county level find that the relevant departments have not performed their anti-domestic violence duties in accordance with the law, they may submit suggestions for supervision and handling , and submit to the people's government at the same level to carry out supervision and inspection when necessary.

Where departments, organizations, and units with anti-domestic violence responsibilities fail to perform or incorrectly perform their duties in accordance with the law and cause serious consequences, their superior departments or units shall criticize, educate or punish the directly responsible managers and other directly responsible personnel; Anyone who commits a crime shall be investigated for criminal responsibility according to law.

　　At the same time, the "Regulations" stipulate that the people's courts and people's procuratorates may make judicial and procuratorial suggestions on the prevention of domestic violence to relevant departments and units based on the anti-domestic violence work situation, and supervise the implementation of the recommendations.

Where relevant departments and units fail to perform their anti-domestic violence duties in accordance with the law, causing public interests to be infringed, the people's procuratorate may initiate public interest litigation in accordance with the law.

　　In order to enhance the implementation effect of the "Regulations", women's federations at all levels in Hebei and relevant departments will carry out multi-channel services, take people's mediation as an important channel, timely discover, report and deal with domestic violence cases, do a good job in preventing and resolving marriage and family disputes, and jointly create a harmonious family environment and promote social stability.

　　(Rule of Law Daily)