Pressing home violence with the power of the rule of law- The Regulations on the Anti -Family Violence of Henan Province will be implemented from October 1, 2022

Chapter 1 General Principles

Article 1 In order to prevent and stop family violence, protect the legitimate rights and interests of family members, maintain family relationships of equality, harmony, and civilization, promote and practice the core values ​​of socialism, promote family harmony and social stability, according to the "anti -family of the People's Republic of China The violence law and other relevant laws and administrative regulations formulate these regulations in conjunction with the actual situation of the province.

Article 2 These regulations apply to related activities such as prevention and disposal of domestic violence in the provincial administrative area.

Family violence referred to in these regulations refers to the infringement of physical and spiritual violations such as beating, binding, damage, restricting personal freedom, and regular abuse and intimidation among family members.

Article 3 Anti -domestic violence is the common responsibility of the whole society. No form of domestic violence.

Family should pay attention to the construction of family civilization, establish a good family style, and promote family virtues. Family members should help each other, love each other, live in harmony, and fulfill their family obligations.

Article 4 Anti -domestic violence should follow the principle of prevention, education, assistance, correction and punishment, and implement social co -governance.

Anti -domestic violence should respect the true wishes of the victims, protect the privacy of the parties, and keep the personal information of the reporters, reporters, witnesses and other relevant personnel.

Special protection should be given if minor, elderly, disabled, patients with severe illnesses, patients with severe illnesses, and women who have suffered family violence during pregnancy and lactation.

Article 5 The people's governments at or above the county level shall establish and improve the anti -domestic violence work system that multi -departments participate in, and incorporate anti -domestic violence work into spiritual civilization construction, rule of law propaganda education, and grass -roots social governance work content, and into the safety construction evaluation system. The funding required for anti -domestic violence is included in the budget of the same level.

The township people's governments and sub -district offices shall do a good job in preventing, disposing of domestic violence, disposal and rescue of domestic violence in their jurisdictions, and clarify staff and provide necessary funding guarantee.

Article 6 The people's government at or above the county level is responsible for the work of women and children, and is responsible for organizing, coordinating, guiding, and urging relevant departments to do a good job of anti -domestic violence. The specific responsibility is:

(1) Organize anti -home violence working mechanisms such as discovery reports, joint defense, information sharing, and public opinion response;

(2) Organize joint meetings to study and solve major issues of anti -domestic violence;

(3) Organize the propaganda, information statistics and training of anti -domestic violence laws and regulations;

(4) Organize comprehensive rescue service mechanisms such as psychological counseling, legal services, temporary asylum, school assistance, and employment guidance of domestic violence victims;

(5) Supervision and inspection of anti -domestic violence work;

(6) Carry out other tasks related to anti -domestic violence.

Education, public security, civil affairs, judicial administration, human resources and social security, culture, health, health and health, press and publication, radio and television, and people's courts, people's procuratorates and other relevant units shall cooperate with each other in accordance with their respective duties to do a good job of anti -domestic violence.

Article 7 The Trade Union, the Communist Youth League, the Women's Federation, and the Disabled Persons Federation shall combine the characteristics of their respective work objects to fulfill the responsibilities of anti -domestic violence in accordance with the law, establish an anti -domestic violence rights protection service network, prevent and resolve family contradictions and disputes Essence

Village (residents) civil committees, corporate institutions, and social organizations shall do a good job of anti -domestic violence in accordance with the law.

Article 8 The people's governments at all levels and their relevant departments, people's courts, people's procuratorates, and people's groups may entrust conditional social organizations with conditions to carry out family relationship guidance, domestic violence prevention knowledge education, family violence victims, and domestic violence. Professional services such as shelter, psychological counseling and behavior correction.

Encourage the establishment of a special fund for anti -domestic violence to provide temporary life assistance for the victims of domestic violence of the family. Encourage eligible enterprise institutions, social organizations, individuals to participate in anti -domestic violence work in accordance with the law through investment, donations, and volunteer services.

Article 9 The units and individuals have found that the family violence is being discouraged in time.

Chapter II's Prevention of Family Violence

Article 10 The people's governments at all levels shall establish a anti -domestic violence publicity and education system, incorporate the publicity of anti -domestic violence relevant laws and regulations into the planning planning plan, and incorporate family education guidance services into the urban and rural public service system.

State organs, people's organizations, village (residential) civil committees, corporate institutions, and other social organizations shall organize their work characteristics to organize anti -domestic violence publicity and education, popularize anti -domestic violence knowledge, and enhance the awareness of anti -domestic violence in the whole society.

Article 11 The People's Court, People's Procuratorate, public security organs, and judicial administrative departments shall establish and improve the collection, collation and release mechanism of typical cases of domestic violence, and carry out case interpretation and warning education.

According to the situation of anti -domestic violence, the People's Court and People's Procuratorate can propose judicial suggestions and procuratorial suggestions to the relevant departments and units in accordance with the law and units, and urge the implementation of proposal matters.

Judges, prosecutors, police, lawyers, and other legal service workers shall explain the law to the parties in the process of handling domestic violence cases or providing legal services to guide the parties to protect their rights and interests in accordance with the law.

Article 12 The education administrative department shall urge and guide schools and kindergartens to perform their responsibilities of anti -domestic violence publicity and education, and implement the system of the rule of law with the relevant departments to prevent domestic violence and education on preventing domestic violence. Schools and kindergartens should incorporate family virtues and anti -domestic violence and education into rule of law education, moral education, and psychological education. Incorporate anti -domestic violence publicity and education into the work content of home schools, and guide the guardians of minors to adopt scientific and civilized methods for family education.

The guardians of minors shall fulfill their duties of guardianship and education in accordance with the law, respect the personality dignity of minors, safeguard their legitimate rights and interests, and shall not implement domestic violence.

Article 13 The civil affairs department shall urge and guide the marriage registration authority to provide marriage and family counseling services. When providing marriage registration services, it will carry out family virtues and anti -family violence publicity and education.

Article 14 media such as radio, television, newspapers, and Internet shall produce, publish family virtues and anti -domestic violence programs, and public welfare advertisements, and implement public opinion supervision on domestic violence in accordance with the law, and promote the family's family fashion of healthy and civilized. It is forbidden to promote domestic violence.

Article 15 The township people's governments and sub -district offices shall incorporate the prevention of domestic violence into grass -roots social governance and grid service management, establish a specialized and hierarchical early warning mechanism, actively carry out anti -domestic violence and education, and investigate and report home violence. Hidden dangers, resolve family contradictions and disputes, and upload the information management system in a timely manner.

The village (resident) civil committees shall guide the village (resident) people to regulate the content of family virtues and anti -domestic violence in the village regulations and residents' conventions, strengthen domestic violence to prevent publicity and education, carry out civilized family creation activities, promote the new style of civilization, assist the townships and towns The people's government and street offices have carried out family disputes, resolution, etc.

Article 16 The public security, civil affairs, judicial administration, education, health and health and other departments of the people's government at or above the county level, and the people's courts, the People's Procuratorate, and the Women's Federation shall do a good job of the collection of anti -domestic violence information data according to their functions, and the collection of anti -domestic violence information and data according to law. Statistics, analysis and judgment, etc., and timely incorporate information such as family disputes and family violence investigation and disposal into information systems in a comprehensive social security governance information system. On the premise of ensuring data security and protection of privacy, anti -domestic violence information resources sharing.

Article 17 The public security, civil affairs, judicial administration, education, health and health and other departments of the people's governments at or above the county level, as well as people's courts, people's procuratorates, people's organizations, social organizations and other units shall work on domestic violence prevention, disposal, rescue of victims, and other work Personnel conducts business training.

Article 18 The People's Mediation Committee of the Marriage and Family Disputes established in accordance with the state regulations shall be selected as experts, practical workers, and women's federation staff in the fields of laws, psychology, and social work. And reduce the occurrence of domestic violence.

Article 19 If the employer discovers that the personnel of the unit have the implementation of domestic violence, they shall give criticism and education, and do a good job of mediation and resolution of family disputes. When necessary, the village (resident) civil committees living in the place of residence of the parties jointly take measures to prevent domestic violence.

Chapter 3 Disposal of Family Violence

Article 20 The people's governments at or above the county level shall organize public security, civil affairs, judicial administration and other departments, and work together with the Women's Federation, Trade Union, Communist Youth League, Disabled Persons Federation and other units to formulate anti -domestic violence work processes, establish domestic violence harm The acceptance, follow -up and referral of complaints.

Home violence implements the first connection responsibility system. First of all, departments and units that receive domestic violence, reflect or ask for help shall do a good job in acceptance, follow -up and referring to work responsibilities, and shall not be pushed; the departments and units that accept the referral shall properly dispose and connect to the first responsibility department, the first responsibility department, The feedback disposal of the unit; a major family violence case involving multiple departments and units of the responsibilities of the unit or family violence cases with harsh social impact shall be jointly handled with other relevant departments and units.

Article 21 Family violence victims and their legal agents and close relatives may be the units where the victim or the victim is located, the village (resident) civil committee, the women's federation, the trade union, the communist youth group, the disabled federation, etc. Complaints, reflections or help. The acceptance unit shall carry out the following work according to the actual situation:

(1) Dis restraint of domestic violence, criticize and educate the victims, and inform the victim's legal responsibility;

(2) Provide services to the victims with service, psychological counseling, legal counseling and other services for the victims;

(3) Inform the victims to enjoy the right to the personal safety protection order, legal aid, and temporary shelter;

(4) In accordance with the actual situation and willingness of the victim, timely refer to it to medical institutions, temporary asylum places, rescue management agencies, and welfare institutions;

(5) Carry out other tasks conducive to the protection of the rights and interests of domestic violence victims.

Victims of domestic violence, their legal agents and close relatives may also report to the public security organs or apply to the people's court for personal safety protection orders in accordance with the law, and file a criminal sued or civil lawsuit.

If the legitimate rights and interests of minors are violated, and related organizations and individuals have not filed a lawsuit on their behalf, the People's Procuratorate may urge and support their litigation.

Article 22 Schools, kindergartens, medical institutions, village (residents) civil committees, social work service agencies, rescue management agencies, welfare institutions and their staff shall find that the following personnel suffer or suspect or suspect family violence at work shall, shall be Report the case to the public security organs in time, and provide necessary protection and help: (1) People with no civil behavior;

(2) Limited people of civil behavior;

(3) Those who cannot report the case due to the elderly, disability, severe illness, forced, intimidating, etc.

Article 23 Public security organs shall incorporate domestic violence into the scope of the police work. After receiving the family violent alarm, they shall go out to the police in a timely manner, produce a police record, and do the following:

(1) Immediately stop the domestic violence that is happening;

(2) Collect evidence in time and comprehensively to find out the facts;

(3) If necessary, assist the victims to seek medical treatment and identify injuries;

(4) Inform the victims to enjoy the right to the personal safety protection order, legal aid, and temporary shelter;

(5) Those who have no capacity for civil behavior and restricted civil behavior are severely damaged due to family violence and are facing a dangerous state such as personal security threats or in danger of being unattended. Rescue management agency or welfare agency;

(6) Those who are suspected of constituted violations of public security management, investigations investigated in accordance with the law, and investigate the case in accordance with the law for suspected crimes;

(7) Carry out other tasks conducive to the protection of the rights and interests of domestic violence victims.

The public security organs shall establish a home violence police linkage mechanism with the people's court, the people's procuratorate, the civil affairs department, and the Women's Federation. According to the requirements of the relevant departments, timely evidence of providing evidence such as a police record, warning, and inquiry (news) in accordance with the law.

Article 24 If the plot of domestic violence is relatively light, and punishment for public security management shall not be given in accordance with the law, the public security organs shall give the victims to criticize and educate or issue warning books. If one of the following situations, a warning should be issued:

(1) Failure to obtain the victim's understanding;

(2) For domestic violence, the elderly, the elderly, the disabled, the women during pregnancy and breastfeeding, and the patients with serious illness;

(3) It is still not corrected by the public security organs or other related organizations due to the implementation of domestic violence or other related organizations;

(4) The victim's request is issued, and the public security organs believe that it is necessary;

(5) Other situations should be issued.

Article 25 Family violence cases that should be warned shall be issued by the public security organs within 24 hours from the time of the report. The facts of domestic violence are clear that if the victim refuses to accept criticism education, the public security organs shall issue warnings on the spot.

The warning should include the factual statement of the identity information of the harm, the factual statement of domestic violence, the prohibition of the harm to the implementation of domestic violence, and the consequences of re -implementing domestic violence. The specific sample is formulated by the provincial people's government's public security department.

The public security organs shall enter the information system of warning and relevant archives information.

Article 26 The public security organs shall send the warning to the victims and victims, and notify the village (residents) civil committees and other relevant organizations of their residential villages (residential), which may notify the people's courts, civil affairs departments, women's federations and other units. If the victim is a non -civil behavior or a person who restricts the behavior, he shall send the warning book to his guardian.

The public security organs shall read the warning content on the spot to the victims. When implementing the warning, the village (resident) civil committees, the women's federation, and the units where the victim are located can be invited to participate.

Article 27 The Village (resident) civil committees, the Women's Federation, and the Public Security Police Station shall conduct a visit to the victims and victims who have received the warning.

If the village (resident) civil committee and the Women's Federation discover that the harmful person violates the warning of the warning, it shall be reported to the public security organs in a timely manner that the public security organs shall be handled according to law.

Article 28 The people's courts, the People's Procuratorate, and the public security organs to handle domestic violence cases that infringe the minors shall take an inquiry of compatible with their physical and mental characteristics to prevent secondary damage.

When asking for minor victims, he should notify his guardians. If the guardian cannot go to the scene or the guardian is a victim, it shall notify other adult relatives of the minor victims. The representatives of the school, village (resident) committee or minor protection organization are present and records the relevant situation in the case.

Ask women a minor victims, the female staff should be performed.

Article 29 During the diagnosis and treatment of medical institutions and their staff, if a patient finds or is suspected of suffering from domestic violence, the diagnosis and treatment record shall be performed. Medical diagnosis certificate and other materials.

Article 30 The people's governments of cities, counties (cities) in district shall set up temporary asylum places by rescue management agencies and welfare agencies alone, or provide temporary asylum for home violence victims through government purchase services.

For temporary asylum places, necessary funds, facilities, professionals, fixed places, and security measures should be established. Temporary asylum places established by rescue management agencies shall be divided into other rescue service areas, and family violence victims shall not be mixed with other rescuers.

The township people's governments, street offices, and conditional village (residents) committee and urban and rural community service agencies can provide emergency asylum assistance services for domestic violence victims. The establishment standards, service content and work specifications of temporary asylum places are formulated by the civil affairs department of the Provincial People's Government. The civil affairs departments of the people's governments at or above the county level are guided and supervised the work of temporary shelter in accordance with the law.

Article 31 The victim of domestic violence may submit a temporary asylum request to the civil affairs department, the township people's government, the street office, or the temporary asylum. Essence

The parties are those with no capacity for civil behavior and restriction of civil behavior, or if they cannot make temporary shelter requests due to their age, disability, severe illness, forced, intimidating, etc. The Women's Federation can apply for it.

Article 32 Temporary asylum places shall timely receive home violence victims, implement classified partition rescue according to gender and age, provide temporary assistance services such as accommodation and accommodation and do a good job of safety protection and privacy protection. Victims without civil behavior and restrictions on civil behavior should take rescue service measures suitable for their age, intelligence, and psychology.

Temporary asylum places shall coordinate medical care, legal aid, social work services and other institutions to provide legal assistance, psychological counseling, medical assistance and other services for domestic violence victims.

Article 33 For domestic violence victims that meet the conditions of judicial assistance, the people's courts, the people's procuratorate, and public security organs shall help to provide judicial assistance in accordance with the law.

The judicial administrative department shall improve the legal aid service network, and can rely on the local Women's Federation to establish a legal aid workstation or contact point to provide legal aid services for the victims who need help.

The people's courts and judicial appraisal agencies shall, in accordance with relevant regulations, reduce the cost of litigation and judicial appraisal undertaken by the victims in accordance with relevant regulations.

Article 34 When the people's court, the people's procuratorate, and the public security organs shall be admonished when they handle the family violence cases of the guardian infringing the minors, and may be ordered to receive family education guidance.

The People's Court, the People's Procuratorate, the public security organs, the judicial administrative department, and the people's mediation organization can provide the necessary psychological counseling for the victims in the case of domestic violence.

Relevant departments shall carry out psychological counseling and behavior to the relevant departments who have been performed for family violence or are punished by public security management and criminal punishment for the implementation of domestic violence or criminal punishment.

Chapter 4 Personal Safety Protection Order

Article 35 If the parties suffer from domestic violence or are dangerous to the reality of domestic violence, the people's court shall be accepted in a timely manner to the applicant's application for personal safety protection orders from the applicant or the respondent's residence and the place of domestic violence in accordance with the law.

If the parties have Article 31, the cases of their close relatives, public security organs, village (resident) civil committees, women's federations, rescue management agencies, and minor rescue and protection agencies may apply for.

The personal safety protection order of the application shall be proposed in writing. If the written application is really difficult, it can be applied verbally and is recorded by the people's court.

Application personal safety protection order does not pay litigation costs and does not need to provide guarantees.

Article 36 After the people's court accepts the application, it shall make a personal safety protection order or rejection of the application within 72 hours; if the situation is urgent, it shall be made within 24 hours.

Article 37 Personal safety protection order may include the following measures:

(1) Forbidden the respondent from the implementation of domestic violence;

(2) The respondent is prohibited from harassing, tracking, contacting the applicant and its close relatives;

(3) It is forbidden to engage in activities that affect the applicant's life, study, and work in the applicant's residence, school, and work unit;

(4) The applicant is prohibited from consulting the applicant's household registration, student status, address, and source of income;

(5) Forbidden to grab and hide minor children;

(6) Order the respondent to move away from the applicant's residence;

(7) Other measures to protect the personal safety of applicants.

If the applicant has moved away from the residence of the respondent, the applicant shall not inform the respondent of the applicant's whereabouts or contact information, and shall not list the applicant's current residence in the personal safety protection order.

Article 38 After the people's court makes a personal safety protection order, it shall be delivered to the applicant, the respondent, the public security police station, the village (residential) civil committee, the women's federation, the school, the unwillingness within 24 hours, Adult protection organizations, disabled people's federations, etc., can be delivered to the relevant units to assist the implementation notice while serving the personal safety protection order, and assisting the execution notice should stimulate the matters.

Article 39 Personal security protection order shall be implemented by the People's Court. Relevant units shall assist in the contents of assisting the execution notice and urge the respondent to abide by the personal safety protection order.

The village (resident) civil committees, women's federations, schools and other assistance units shall regularly return to visit within the validity period of personal safety protection. If the respondent violates the personal safety protection order, it shall criticize and educate them to help the victims in time and the people in time with the people. Courts and public security organs contact.

After receiving a report from the respondent's violation of the personal safety protection order, the public security organs shall go out to the police in a timely manner to stop illegal acts, help, protect the victims, and collect and fixed evidence. If the respondent violates the personal safety protection order, it will notify the people's court. If the respondent refuses to perform or violates the personal safety protection order, the applicant may report to the public security organs or apply for the people's court for enforcement.

Chapter 5 Legal Responsibility

Article 40 If the behavior of violations of these regulations, laws and administrative regulations have legal responsibilities, it shall apply its provisions.

Article 41 The relevant departments and units violate the provisions of Article 20 and 22 of these regulations and perform their duties in accordance with the law shall be ordered by their competent departments and higher authorities to make corrections, and shall notify the departments and units to criticize criticism; For serious consequences, the supervisors and other direct responsible persons who are directly responsible for the department and unit shall be punished according to law.

If relevant departments and units do not fulfill their responsibilities of anti -domestic violence and cause public interests to be infringed, the People's Procuratorate may file a public interest lawsuit in accordance with the law.

Article 42 If the respondent violates the personal safety protection order, and is included in the list of people who have been lost by the people's court, the relevant departments or institutions shall incorporate their dishonesty information on the social credit information sharing platform in accordance with the law and implement the disciplinary punishment.

If the respondent incorporated into the list of disciplinary punishment, if the personal security order does not implement domestic violence within the validity period, it shall remove it out of the list when the personal safety protection order expires.

Chapter 6 Attachment

Article 43 If a family member has a common living person who has the relationship between supporting, foster care, cohabitation, and guardianship, it shall be implemented with reference to the provisions of these regulations.

Article 44 These regulations shall be implemented from October 1, 2022. On March 29, 2006, the "Standing Committee of the Henan Provincial People's Congress of the Standing Committee of the Henan Provincial People's Congress on Prevention and Stop Family Violence" was abolished at the same time.

Source: Original on August 4, 2022, "Henan Daily" 11th edition

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