The Supreme Law is clear: Frozen and hungry and tracking are domestic violence!SMS and regrets can be used as evidence!

Today, the Supreme People's Court issued the "Provisions on Several Issues on the Application of Laws in the Cases of Personal Safety Protection Cases" (hereinafter referred to as the "Regulations"), which further clarifies the form of domestic violence.

The anti -domestic violence law formulated and implemented in 2016 shows that the state banned any form of domestic violence. Among them, the personal safety protection order is an important system for the creation of anti -family violence laws. In the six years of the Anti -Family Violence Law, the number of personal safety protection orders at all levels has increased year by year. According to statistics, as of December 31, 2021, the national courts 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. However, in recent years, there have been certain obstacles to the personal safety protection order and other links.

In this regard, the "Regulations" takes the prevention function of the personal safety protection order as the starting point, further clearing the various obstacles of the case in the acceptance and procedure of the case, highlight the timeliness of the protection of the rights and interests of the victims of the domestic violence, and clarify the relevant rules.

The "Provisions" first clearly states that the case of personal safety protection order does not depend on civil lawsuit procedures such as divorce: applying for personal safety protection orders from the people's court, not to mention 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.

In addition, the "Regulations" further clarify the form of domestic violence and expand the scope of applicable to the personal safety protection order.

According to the anti -family violence law: Family violence refers to the infringement of physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, and intimidation among family members. This article lists the common form of domestic violence, and the "Regulations" make a list of expansion of domestic violence. It is clear that frozen hunger and regular 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 from various forms of family violence.

At the same time, on the basis of the Anti -Family Violence Law, the "Regulations" properly expanded the circumstances of the application, clarifying the situation of "old age, disability, and serious illness". It 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.

The "Regulations" also clarify relevant evidence forms and evidence standards. According to the characteristics of domestic violence, summarize practical experience, list ten forms of evidence, and provide clear behavior guidelines for domestic violence victims and collect evidence: If the parties have stated, the respondents have issued regrets or guarantees, and the two parties have between 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.

In addition, the "Provisions" proposes that the standards for clearing the personal safety protection order are "greater possibilities" and do not need to reach "high possibilities", thereby reducing the parties' proof of proof and helping to give full play to the personal safety protection order The role. In addition, the "Regulations" increased punishment for violation of the personal safety protection order, and further clarified that if the respondent violated the personal safety protection order and complied with the relevant provisions of the criminal law, he refused to implement the judgment and ruled the crime and punishment.

Source: Beijing Daily (ID: Beijing_daily)

Responsible editor: Guo Yanhui

School pair: Zhang Ziqing Meng Yahe (intern)

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