The "Supreme People's Court's Provisions on the Application of Laws for the Application of Personal Safety Protection Order Cases" will be implemented today. According to the "Regulations", the court issued the first personal safety protection order

On August 1, 2022, the Supreme People's Court was officially implemented by the "Supreme People's Court on the Application of Laws to the Application of Laws in the Application of Personal Safety Protection Cases" (hereinafter referred to as the "Regulations"). On the day of the implementation of the "Regulations", the Beijing Xicheng Court issued the first personal safety protection order in accordance with the "Provisions" in accordance with the parties.

Case

The applicant Li Xiaohua (pseudonym) and the respondent Sun Baozhu (pseudonym) were a post -80s couple, and in 2013, they entered the marriage. With the continuation of marriage life, the two gradually contradicted of life trivial matters, and even intensified to the point where they could not live together. Li Xiaohua said that Sun Baozhu often insulted and threatened himself and his parents. Sometimes he had beatings, and Li Xiaohua called the police many times. In June 2022, due to the intensification of contradictions, Li Xiaohua did not dare to go home and had to send it to the unit. However, Sun Baozhu still followed Li Xiaohua's unit to follow him, causing great trouble and a personal threat to Li Xiaohua.

Li Xiaohua felt that the marriage between the two sides had been on the end, but before he proposed a divorce lawsuit, in order to ensure the personal safety of himself, his parents, and children, he first applied for a personal safety protection order from the court.

After the case was accepted, the judge Yang Guilin organized the parties to talk for the first time. In order to better find out the facts, Judge Yang Guilin went to the applicant's territorial police station to retrieve the records of the police when the two parties conflicted, and visited the police officer to further verify the situation. In the end, combined with the evidence of the case, Judge Yang Guilin reviewed and determined that Li Xiaohua and Sun Baozhu had a dispute over family conflicts. Facing the reality of domestic violence, Li Xiaohua's application is in compliance with the law, so he issues a personal safety protection order in accordance with the law.

Judge

The judge introduced that in order to give full play to the prevention and prevention and stop function of personal safety protection order, the Supreme People's Court released the "Regulations" this year. Insultation, slander, threats, tracking, harassment, etc. are all domestic violence, which further clarifies the scope of the scope of personal safety protection order, and ensures that family members are exempt from various forms of family violence. In addition, the "Regulations" also clarified that the case of personal safety protection order does not depend on civil lawsuit procedures such as divorce. It does not need to file a divorce or other lawsuits first, nor does it need to file litigation such as divorce within a certain period of time after the application of the personal safety protection order. In order to effectively give play to the function of fast and timely the function of preventing domestic violence.

Family violence has never been a "housework". The state prohibits any form of domestic violence. Personal security protection orders to support the "protective umbrella" for the victims of domestic violence. In daily life, family members should respect each other, properly resolve family contradictions, and calmly deal with the problems encountered in life. If family violence is suffered, we must pick up legal weapons to protect their legitimate rights and interests.

Pulpture extension

On July 14, 2022, the Supreme People's Court announced the "Provisions on the Supreme People's Court on the Application of Laws for the Application of Personal Safety Protection Cases". The "Regulations" will be officially implemented from August 1.

Bleak

There are 13 "Regulations", which mainly include the following highlights:

1. Clarify that the case of personal safety protection order does not depend on civil litigation procedures such as divorce. The "Regulations" clearly states that applicants can directly apply for personal safety protection orders to the people's court. They do not need to file a divorce lawsuit or other lawsuits, nor do they need to file lawsuits such as divorce within a certain period of time after the applicant's personal safety protection order.

2. Further clarify the form of domestic violence, and expand the scope of application of personal safety protection order. The "Regulations" has enlisted the type of domestic violence, and it is clear that frozen hunger and frequent insults, defamation, threats, tracking, harassment, etc. are all domestic violence.

3. Expand the situation of the application and the main scope of the application. The "Regulations" expand the situation of the application, clarify the situation of "old age, disability, and serious illness". It can be applied on behalf of the relevant departments on the premise of respecting the wishes of the parties. At the same time, the civil affairs department, the disabled federation, and the elderly organization established in accordance with the law, etc.

4. Clarify the form of evidence and the standard of evidence. According to the characteristics of domestic violence, in addition to the form of common evidence, the regret or guarantee of the respondent has issued the audiovisual information of the family violence or solution. Telephone recording, text messages, diagnosis and treatment records of medical institutions, and women's federations can be used as evidence. At the same time, the certification standard for issuing a personal safety protection order is "greater possibilities" to reduce the burden of proof of the parties.

5. Increase punishment that violates the personal safety protection order. The "Provisions" clearly states that the respondent's violation of the personal safety protection order is in line with Article 313 of the Criminal Law of the People's Republic of China, in order to refuse to implement the judgment and the crime and punishment.

The "Regulations" also specifies issues such as the relationship between the specific personnel scope and the relationship between the personal safety protection order and the divorce litigation.

Source/Beijing News Radio

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