Frozen hunger, insult, threat ... are domestic violence!The Supreme Law is clear

On the 15th, the Supreme People's Court held a press conference to release the "Regulations on the Application of Laws for the Application of the Personal Safety Protection Case", which focused on clearing the various obstacles of the acceptance and procedure of domestic violence cases, highlighting the domestic violence to domestic violence The timeliness of the protection of the victim's rights and interests clarifies the rules of the referee, and protects the legitimate rights and interests of domestic violence victims to the greatest extent. 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.

The Supreme Law lists the form of evidence of domestic violence

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, enumerate several forms of evidence, clearly guide trial practice, and provide clear behavioral guidance for home violence victims and collect evidence:

(1) The statement of the parties;

(2) Family violence and administrative penalties issued by the public security organs;

(3) Police records, interrogation transcripts, interrogation transcripts, police records, alarm receipt, etc.;

(4) Regret or guarantee issued by the applicant's applicant;

(5) Record audiovisual information of domestic violence or solution process;

(6) Telephone recording, SMS, instant messaging information, emails between the respondent and the applicant or their close relatives;

(7) Diagnosis and treatment records of medical institutions;

(8) The applicant or the applicant's unit, the civil affairs department, the resident committee, the villagers' committee, the women's federation, the disabled federation, the protection organization of the minor, the elderly organization, rescue management agency, anti -domestic violence established in accordance with the law, the rescue management agency, anti -domestic violence Social welfare institutions and other units receive records of complaints, reflections or help;

(9) Jereal children provided by testimony of their age and intelligence, or other witnesses such as relatives, friends, neighbors, etc.

(10) Injury appraisal opinion;

(11) Other evidence that the applicant can prove that the applicant suffers from domestic violence or faces the danger of family violence.

Source: CCTV News

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