Supreme Law: Frozen, hungry, insulting defamation, tracking harassment, etc. are all domestic violence

Cover news reporter Su Yu

On July 15th, the Supreme People's Court held a press conference to introduce the relevant situation of the "Provisions on the Supreme Law on the Application of Laws for the Application of Personal Safety Protection Cases" (referred to as the "Regulations"). Zheng Xuelin, president of the People's Court, introduced that the "Regulations" made a list of expansion of domestic violence, and clearly stated that frozen hunger and recurring insults, defamation, threats, tracking, and harassment are all family violence. So as to further clarify the scope of the personal safety protection order, and to ensure that family members exempt various forms of family violence.

Zheng Xuelin, president of the Supreme Dharma.

Zheng Xuelin introduced that Article 2 of the Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to the physical and spiritual of the body and spirit of the physical violence in this law who be assaulted, bundled, damaged, restricted personal freedom and regular abuse, intimidation, etc. Instead of violations. "This article lists common forms of domestic violence. However, in practice, there are still other acts that can be attributed to the category of domestic violence, so it has expanded the type of behavior.

The "Regulations" clearly clear the form and standard of evidence. Article 20 of the Anti -Family Violence Law stipulates that the people's court will involve domestic violence cases. It can determine the fact that family violence can be determined in accordance with evidence such as police records, warnings, and injuries appraisal. However, in practice, most parties cannot provide the above evidence, resulting in the rejection of the application for "insufficient evidence", which limits the role of the personal safety protection order.

The people's court can also make a personal safety protection order based on which evidence is urgent in trial practice. According to the characteristics of domestic violence, the "Provisions" summarizes practical experience, enumerate ten forms of evidence, clearly guide trial practice, and provide clear behavioral guidance for the victims and collect evidence.

He revealed that in the case of personal safety protection order, the standards of domestic violence are not clear enough, which is difficult to handle such cases. The purpose of the personal safety protection order is to stop domestic violence and provide a "isolation wall" to the victims. Therefore, it should be distinguished from the certification standards of the physical facts of civil cases. The "Provisions" combined with the characteristics of the non -lingering procedure in combination with the personal safety protection order, which clearly issued the certification criteria for issuing the personal safety protection order is "more likely", instead of achieving "high possibilities", thereby reducing the burden on the parties' proof.

In addition, the punishment of violations of personal safety protection orders. After the court makes a personal safety protection order, the respondent should strictly abide by. If the respondent still implements domestic violence during the protection period, it shall resolutely punish it according to law.

Article 34 of the Anti -Family Violence Law stipulates that if the respondent violates the personal safety protection order and constitutes a crime, criminal responsibility shall be investigated in accordance with the law; if it does not constitute a crime, the training shall be given. Detention for less than 15 days.

Zheng Xuelin pointed out that the "Regulations" further clarified that the respondent violated the personal safety protection order and complied with the provisions of Article 313 of the Criminal Law in order to refuse to implement the judgment and the crime and punishment. As a result, the behavior of violating the personal safety protection order itself is included in the scope of refusal to implement the judgment and the scope of the crime of ruling, and it will increase the authority of criminal strikes and enhance the personal safety protection order.

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