The relevant person in charge of the Supreme Dharma Court: The idea of "doing domestic violence because the other is wrong" and other ideas.
Author:Henan Legal Daily Time:2022.07.19
On the same day, the Supreme Law held a press conference. The relevant person in charge of the People's Court emphasized during this provision to answer questions from reporters, and the idea that "the other party's mistakes to implement domestic violence first" is wrong.
1. Mainly solve the problem of legal applications
As a victim of domestic violence, minors are mainly reflected in two forms, one is family violence; the other is to witness domestic violence. This provision mainly solves the problem of legal applications: first, the type of domestic violence is listed; second, according to the privacy characteristics of domestic violence, in the form of evidence, the adult children are compatible with their age and intelligence. The testimony of testimony is included in the scope of family violence.
2. List ten forms of evidence
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. However, in practice, a considerable part of the applicants were not supported because they could not provide the above evidence. To this end, on the basis of in -depth research, we summarized the experience of trial practice based on the characteristics of domestic violence, and listed ten forms of evidence. In addition, the provision clearly states that the standard of the case of personal safety protection order is "greater possibility", and there is no need to reach "high possibilities", thereby reducing the difficulty of the applicant's proof.
3. No reason is not an excuse for implementing domestic violence
In practice, the respondents often debate their domestic violence. It is one of the more common situations to find an excuse for their behavior on the grounds that "there is a mistake", and even taking the opportunity to control the other party through violence. We must particularly emphasize a concept, that is, any reason is not an excuse for implementing domestic violence. The idea of thinking that domestic violence is "affectionate" is completely wrong.
(According to the official website of the Supreme People's Court) ⑮
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