Supreme Law: Frozen hunger and frequent insults, threats, tracking, harassment, etc. are family violence

The Supreme People's Court held a press conference today (15th) to release the "Provisions on the Application of Laws for the Application of Laws for Personal Security Protection Cases", and strive to clear up various obstacles in the acceptance and procedure of domestic violence cases, highlighting the right right right right right The timeliness of the protection of the rights and interests of domestic violence, clarify the rules of the referee, and maximize the legal rights and interests of domestic violence victims. The judicial interpretation will be implemented from August 1.

The Anti -Family Violence Law of 2016 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, and the people's court shall be accepted. In the six years since the implementation of the Anti -Family Violence Law, as of December 31, 2021, the national court made a total of 10,917 personal safety protection orders, protecting the personal safety and personality dignity of domestic violence victims in accordance with the law.

Article 1 of the judicial interpretation stipulates that the personal safety protection order from the people's court shall not be based on civil lawsuits such as divorce. The provision clarified that the personal safety protection order to the people's court does not need to file a divorce lawsuit or other lawsuits first, nor does it need to file lawsuits such as divorce within a certain period of time after the applicant's personal safety protection order. From the perspective of procedure law, the application, review, and implementation of the personal safety protection order are highly independent, and can exist independently without relying on other lawsuits. This is in line with the basic characteristics and institutional purposes of personal safety protection to stop domestic violence in a timely manner.

Supreme Law: Frozen hunger and frequent insults, threats, tracking, harassment, etc. are all domestic violence

The judicial interpretation further clarifies the form of domestic violence, and expands the scope of applicability of personal safety protection order. The Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, and intimidation between family members." List the common form of domestic violence. But in practice, in addition to the above -mentioned forms, there are other behaviors that can be classified as the category of domestic violence, which need to be clear. The judicial interpretation has enlisted the type of domestic violence, and it is clear that frozen hunger and regular insults, defamation, threats, tracking, harassment, etc. are all domestic violence. So as to further clarify the scope of the personal safety protection order, and to ensure that family members exempt from various forms of family violence.

Source: CCTV News

Edit: Weekend

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