Personal safety protection order judicial interpretation of the "isolation wall" of domestic violence

The judicial interpretation clearly frozen hunger and regular insults, tracking, harassment, etc. are all domestic violence, and the scope of application of personal safety protection orders is entered into 10 forms of evidence and clearly issued the certification criteria for the issuance of personal safety protection order is "greater possibilities". It does not need to achieve "high possibilities", thereby reducing the burden of the parties' proof; the behavior of violating the personal safety protection order is increased, and the scope of the applicable scope of refusal to implement the judgment and ruling.

■ Chinese Women's Daily All -Media reporter Wang Chunxia

On July 15th, the Supreme People's Court issued some issues on the application of laws to handle the case of personal safety protection order, further exerting the prevention function of the personal safety protection order, and removing various obstacles in the procedures of such cases. The judicial interpretation will be implemented from August 1, 2022. This is the first relevant judicial interpretation after the implementation of the Anti -Family Violence Law in my country in 2016, which has attracted widespread concern in society.

Introducing judicial interpretation Clarifying the standard of “isolation walls” for domestic violence

In recent years, domestic violence has become a hot issue for social attention. The anti -domestic violence law shows the distinctive attitude of the state's ban on domestic violence. Among them, the personal safety protection order is an important system for the creation of the anti -family violence law. The purpose is to stop domestic violence and provide the victim with a "isolation wall".

Article 23 of the Anti -Family Violence Law stipulates that the people's court shall accept the person's court due to the actual danger of family violence or the actual danger of family violence or facing domestic violence, and the people's court shall accept it.

On July 15th, Zheng Xuelin, president of the first court of the Supreme People's Court, said that according to statistics, as of December 31, 2021, a total of 10,917 personal safety protection orders were made to effectively prevent and stop the occurrence of domestic violence or occur again. Essence However, in recent years, there have been certain obstacles to the personal safety protection order and other links.

According to Zheng Xuelin, in 2021, the Supreme Law conducted a special investigation on the implementation of the personal safety protection order system. Through investigation and understanding, the bottlenecks that restrict the effective play of the personal safety protection order are mainly in two aspects: one is the system and mechanism, and the other is the application of law.

In terms of improving the institutional mechanism, in March 2022, the Supreme Law Conference, with the National Women's Federation and the Ministry of Public Security, jointly released the "Opinions on Strengthening the Implementation of the Personal Skills Protection Order System"; The Supreme Law has formulated a judicial interpretation of the personal safety protection order to solve the problem of difficulties in the application of law in the case of personal safety protection.

The judicial interpretation has a total of 13 articles, based on the prevention function of the personal safety protection order as the starting point, further clearing the various obstacles of the case in the acceptance and procedure of such cases, highlighting the timeliness of the protection of the rights and interests of the victims of domestic violence, and clear the rules.

The judicial interpretation clarifies that the case of personal safety protection order does not depend on civil litigation procedures such as divorce; clarifying frozen hunger, regular insults, defamation, threats, tracking, harassment, etc. are all family violence, expanding the scope of personal safety protection order; appropriate expansion of generations on behalf of generations The situation of the application and the main scope of the application appropriately expand the situation of the application on behalf of the application. It is clear that the situation of "elderly, disability, and serious illness" can be applied on behalf of the relevant departments on the premise of respecting the wishes of the parties. And evidence standards, list 10 forms of evidence, more common such as the statement of the parties, the regret or guarantee issued by the respondent, the telephone recording, text messages between the two parties, the diagnosis and treatment records of the medical institution, the women's federation organization, etc. Or the record of helping for help, etc.; The standard for clarifying the personal safety protection order is "greater possibility", instead of reaching "high possibilities", thereby reducing the burden of the parties; The big punishment intensity will incorporate the act of violating the personal safety protection order itself into the scope of the application of judgment and ruling.

Breakthrough highlights of judicial interpretation response to practical needs

The Supreme Law issued the news of the judicial interpretation of the personal safety protection order, which has received great attention from the industry scholars.

A scholar who has been paying attention to domestic violence research, especially the personal safety protection order, told Chinese women to report to all media reporters that the judicial interpretation has some breakthrough highlights, "for example, the form of listing of domestic violence and expanding the scope of personal safety protection order; The certification criteria for issuing the personal safety protection order are determined to be 'more likely "; the form of evidence basically covers the possible form of evidence of domestic violence in life."

According to the privacy of domestic violence, the judicial interpretation is included in the form of evidence, and the testimony provided by the young children is incorporated into the scope of family violence. The scholar agrees with this regulation. She told reporters, "In the past judicial practice, the testimony of minors was often questioned. However, in the case of domestic violence, minor children are often the only witnesses. of."

Wan Wei, the director of the Hunan Provincial Law Association and deputy director of Hunan Yuntian Law Firm, 10 evidence forms are very operable. In 2021, the National Women's Federation's Rights Department organized the "Guidelines for the Collection of Family Violence Victims", and Wan Wei had participated in the writing of the guidance. Seeing the "Statement of the two parties" ranks first in 10 forms of evidence, she is very excited. "The party's statement is the best evidence involving domestic violence." It will be denied that the victim will weaken the objectivity of the statement for his interests. However, when it comes to domestic violence, "the statement of the victim is very important, usually very detailed. It is necessary to fully listen and organize the statement of the victim of domestic violence. The judicial explanation uses it as the first form of evidence, indicating that Attach importance to attitude. "According to the provisions of the judicial interpretation, the applicant or the unit where the respondent is located, the Women's Federation organization, etc. received a record of complaints, reflections or help, and one of the evidence forms of the people's court made a personal safety protection order. In Wan Wei's view, this provision is particularly important. In practice, some victims encountered domestic violence and did not report to the police. Without medical treatment, they would reflect the situation at the Women's Federation and the community and seek help. "Reflecting and complaint records can be retained. As the evidence of the application protection order, it also provides ideas for the retaining evidence of the victims of the domestic violence who has not figured out."

Wang Dan, a second -level senior judge of the first court of the Supreme People's Court, published an article in the 7th issue of Law Application in the 7th issue of 2022 that although the Anti -Family Violence Law stipulated that the violation of the personal safety protection order constituted a crime in accordance with the law, it was investigated for criminal responsibility in accordance with the law, but it constituted the composition. What kind of charges are not clear, and the criminal law has not stipulated as a individual crime of violation of personal safety protection. Whether the criminal liability that needs to be assumed in the anti -family violence law that needs to be assumed as a refusal to perform a judgment or ruling, the crime of ruling, ruling, and ruling. There are different views. As of now, there are no cases of criminal liability due to violation of personal safety protection orders.

In response to the above situations, the judicial interpretation of violations of personal safety protection order was incorporated into the scope of the application of judgment and ruling. "In addition to the consequences of the protection order, in addition to fines and detention, the judicial interpretation clearly clarifies the specific criminal punishment, clarified the different understanding in practice, and further strengthened the deterrent of the personal safety protection order." Wan Wei said.

The personal safety protection order system still has a complete space

In the seventh year of the anti -domestic violence law, the Supreme Law issued the judicial interpretation of the personal safety protection order. In addition to joy, people in the industry also expressed greater hope.

"There are many progress in judicial interpretation, but it cannot fully meet the actual needs of the case, and it needs to be further improved and improved." Wan Wei told reporters that the issuance of personal safety protection order needs to be opened, and the judicial interpretation has not responded with a targeted response. The issuance of the protection order belongs to a special procedure. Some of the hearing methods in practice are inquiring about whether there are tiles, some places to understand the relevant situation, and some of which make a ruling based on the evidence submitted.

In Wan Wei's view, "If the court rejected the request of the personnel's personal safety protection order, he should be cautious. Through the hearing procedure, ask both parties, especially cross -inquiries, and take the initiative to give play to the functions. Sex, you can't just rely on the evidence submitted. "

Article 7 of the judicial interpretation stipulates that the people's court can inquire the respondent through simple ways such as online litigation platforms, telephone, SMS, instant messaging tools, and emails. If the respondent does not express his opinions, it will not affect the people's court to make a personal safety protection order according to law.

From the perspective of the aforementioned scholars who do not want to be named, the personal safety protection order involves both entities and procedures. "Judicial Interpretation of Article 7 of the" Inquiry of the Intelligence "is an informal procedure, and the procedure guarantee of the respondent should be further improved. According to the emergency level of the personal safety protection order, the corresponding issuance procedures are improved to avoid families to avoid families. The occurrence of violence and guaranteeing the right of the respondent's right to know, the right to defense, etc. to find a balance. "

In Wan Wei's view, the implementation of the personal safety protection order system, in addition to solving legal problems, is more important to improve the awareness of anti -domestic violence and gender. The implementation of the personal safety protection order also needs to be further refined, which can absorb local practical experience. For example, public security organs in Hunan and other places call the two parties to the police station to clarify the implementation of the public security organs to assist the personal safety protection order and enhance the deterrent power.

In addition, although the listing of judicial interpretations on domestic violence has improved, there is still room for further improvement. If some in practice are threatened by distributing each other's privacy through the Internet, this form should also be included in the scope of domestic violence. Personal body. The content of the safety protection order can gradually absorb practical experience, increase the relevant statements of psychological correction, and gradually consider intervention in the violence in anti -domestic violence work. "Wan Wei believes.

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