Supreme Law: victims can retain telephone recording, text messages, etc. as evidence of domestic violence

The Supreme People's Court held a press conference today (15th) to release the "Regulations on the Application of Laws for the Application of the Personal Safety Protection Order".

Evidence is a very critical issue in the judicial practice of personal safety protection. The Anti -Family Violence Law stipulates that the people's court's trial of cases involving domestic violence may determine the facts of domestic violence in accordance with evidence such as police records, warnings, and injuries appraisal of the public security organs. However, in practice, most parties cannot provide the above evidence, causing their applications to be rejected due to insufficient evidence, which limits the role of personal safety protection order.

According to the characteristics of domestic violence, judicial interpretation summarizes practical experience, enumerates ten forms of evidence, clearly guides trial practice, and provides clear behavior guidance for domestic violence victims and collects evidence.

For more common parties, such as the statement of the two parties, the regret or guarantee issued by the respondent, telephone recording, text messages between the two parties, the diagnosis and treatment records of medical institutions, and the records of the Women's Federation and other records of reflection or help. When the victim of domestic violence is suffering from domestic violence or facing the danger of domestic violence, it can consciously retain and collect the above evidence, and submit it to the people's courts from time to time.

In addition, in response to the inaccurate issues in practice, the judicial interpretation is also clear that the certification criteria of the personal safety protection order is "greater possibility". Difficulty of proof. At the same time, it has further reiterated the provisions of the people's court to investigate and obtain evidence in accordance with the right of vocational rights. From the acquisition, provision, and identification of evidence to reduce the obstacles to the victims of domestic violence and provide institutional support for the protection of their legitimate rights and interests for the protection of domestic violence victims.

Among the victims of domestic violence, a considerable part of the minor is a minor. According to the privacy characteristics of domestic violence, the judicial interpretation is included in the form of evidence in the form of evidence. This helps to identify and stop domestic violence in a timely manner, and create a safe and stable family environment for the healthy growth of minors.

In practice, the respondents often debate their domestic violence. It is one of the more common situations to find an excuse for their behavior on the grounds that "there is a mistake", and even taking the opportunity to control the other party through violence. The relevant person in charge of the Supreme Law emphasized that any reason is not an excuse for implementing domestic violence. The idea of ​​thinking that domestic violence is "affectionate" is completely wrong. In order to correct this wrong understanding and increase the protection of domestic violence victims, the judicial interpretation clearly stipulates that the respondent recognizes that there are domestic violence, but if the applicant has fault, the people's court shall make a personal safety protection order in accordance with the law in accordance with the law. Essence Family violence is illegal, and may even constitute a crime, and we must resolutely resist and fight. At the same time, the relevant person in charge of the Supreme Law introduced that if one party has derailment and other faults, it must also bear corresponding legal responsibilities. For example, in accordance with Article 1087 of the Civil Code, when divorcing the common property of the husband and wife, the principle of taking care of the rights and interests of the non -wrong party must be considered. For another example, in accordance with Article 1091 of the Civil Code, if one party has major faults such as living with others, it must also bear liability for damage compensation.

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