Henan cultivation method Definition of domestic storm definition
Author:Henan Legal Daily Time:2022.07.30
In order to promote and standardize anti -family violence work, protect the legitimate rights and interests of the people in accordance with the law, maintain a family relationship of equal, harmonious, and civilized, promote and practice the core values of socialism, serve the overall situation of the rule of law in Henan and Ping An Henan. The 34th meeting of the Standing Committee of the 13th Provincial People's Congress listened to the report on the "Regulations on the Anti -Family Violence of Henan Province (Draft)" (hereinafter referred to as the "Regulations (Draft)").
Modify 1: Add the scope of the application of the regulations
According to Shen Qinghuai, deputy chairman of the Provincial People's Law Committee, some members of the Standing Committee proposed that the "Regulations (Draft)" lack the provisions of the scope of applicable. It is recommended to increase this content to better reflect the integrity of the regulations. The Legal Affairs Commission has adopted this suggestion, and added one as the first paragraph in Article 2. The content is: "These regulations are applicable to the prevention and disposal of domestic violence in the administrative area of the province."
Modification 2: About family violence definition
According to Shen Qinghuai, some members of the Standing Committee believe that the definition of Article 2 of the Regulations (Draft) on domestic violence is the refinement and expansion of the upper law, but the expression is inaccurate and incomplete. The scope stipulated in the law is recommended to use the expression of the upper law.
The definition of domestic violence by the Regulations (Draft) is modified to: "Family violence referred to in these regulations refers to the body that is beaten, bundled, damaged, restricted of personal freedom, and often scolded, intimidation, etc. Spiritual violations. "
Modify 3: Delete the evidence of the personal safety protection order
The reporter found that the "Regulations (Draft)" deleted the relevant content of Article 35 and Article 38 of Article 38. Shen Qinghuai said that in the investigation, some units proposed that personal safety protection order belongs to a judicial ruling. The issuance of personal safety protection order is a judicial behavior of the court. According to the provisions of the legislation, the legal regulations shall be deleted after careful research by national laws and regulations. (Lin Dong, a reporter from Henan Legal Daily)
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