The Supreme Law is clear: frozen hunger, frequent insults, and threats are all domestic violence!

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

Data map: The picture shows the Supreme People's Court.

Frozen hunger and frequent insults, threats, etc. are 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.

Victims can retain telephone recording, text messages, etc. as evidence of domestic violence

Wang Dan, a second -level senior judge of the Supreme People's Court, said that evidence is a very critical issue in the judicial practice of personal safety protection order. According to the survey, the main reason for the application of the personal safety protection order is insufficient evidence, which greatly restricts the effective play of the personal safety protection order. Article 20 of 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. But the above evidence is not easy to obtain. A considerable part of the applicants were not supported because they could not provide the above evidence.

For this reason, on the basis of in -depth investigation, according to the characteristics of domestic violence, summarize the experience of trial practice, and list ten forms of evidence. The more common statements such as both parties, regrets or guarantees issued by the respondent, and the two parties. Telephone recording, text messages, diagnosis and treatment records of medical institutions, and women's federations have received 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.

Wang Dan emphasized that the "Regulations" on the standards of proof also clearly stated that the standard for the case of personal safety protection order is "more likely". It does not need to reach "high possibilities", thereby reducing the difficulty of the applicant's proof. At the same time, the "Regulations" further reiterated the provisions of the people's court's investigation and evidence collection in accordance with their duties. These regulations have improved the evidence and rules system of the case of personal safety protection order, further eliminating the difficulty of proof of domestic violence victims, and providing a stronger and stronger institutional support for the legal rights and interests of the victims of domestic violence. life.

Conditions on the personal safety protection order of the applicant's personal safety

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.

not

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.

The situation of expanding the application and the main body for the existence of the existence of the victims or not can apply for a personal safety protection order due to the age, disability, and serious illness in practice. The judicial interpretation of the application of the application and the subject of the application. The "Anti -Family Violence Law" stipulates that the parties are those with no capacity for civil behavior, a person with restrictions on civil behavior, or cannot apply for a personal safety protection order due to force and intimidation. The committee, the villagers' committee, and the rescue management agency can apply for it. In order to maximize the protection of such special difficulties, groups of special difficulties can obtain the relief of the personal safety protection order system in accordance with the law. On the basis of the "Anti -Family Violence Law", the judicial explanation has been appropriately expanded by the application. The situation of severe illness can be applied on behalf of the relevant departments on the premise of respecting the wishes of the parties. At the same time, in combination with trial practice, according to the content of the responsibilities of relevant departments, for the main body of the application, the civil affairs department, the disabled federation, and the elderly organizations established in accordance with the law to fully mobilize the power of the whole society and further weave the dense pairs. The protection network of this type of personnel jointly protects its personal health and life safety. not

Recommended in the future

not

not

Source: CCTV News

- END -