Anti -domestic violence!Civil judges interpret personal safety protection order new highlights

Starting on August 1, 2022, the "Regulations on the Application of Laws on the Application of the Personal Safety Protection Case" issued by the Supreme People's Court (hereinafter referred to as the "Regulations") will be officially implemented. The first judicial interpretation of the personal safety protection order system will further implement the spirit of the Civil Code about "Establishing excellent family style, promoting family virtues, and attaching importance to family civilization construction".

What is good for the personal safety protection order under the new regulations

Personal safety protection order is a prevention needle of advance relief. The relief is pre -used, early as early as possible, and take preventive measures to prevent the risk of domestic violence from expanding.

Personal safety protection order is a shortcut key to protect the weak, easy to apply, easy procedures, reduce the burden of proof, and timely and efficiently determine the risk of domestic violence.

Personal safety protection order is a protective wall for isolation and domestic violence. It has various means, increases deterrence, has legal authority, and has increased the punishment of violating behavior.

There are highlights for the implementation of the new rules, seven questions and seven answers to you

Q1 Is the personal safety protection order be attached to the divorce case?

The case of personal safety protection order does not depend on civil litigation procedures such as divorce, and applicants may apply to the people's court to apply for a personal safety protection order.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 1 The people's court shall accept the person's court in accordance with the actual danger of family violence or facing domestic violence, and shall accept it in accordance with the anti -domestic violence law.

Applying for the personal safety protection order from the people's court will not be based on civil lawsuits such as divorce.

Q2 Under what circumstances can we apply for personal safety protection order?

When encountering domestic violence, you can apply for a personal safety protection order. Family violence refers to the behavior of infringing the body and spirit, including but not limited to frozen hunger, frequent insults, slander, threats, tracking, harassment, beatings, binding, harm, restrictions on personal freedom.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 3 The physical or mental infringement of family members shall be identified as a "family violence" stipulated by Article 2 of the Anti -Family Violence Law with frozen hunger or frequent insults, slander, threats, tracking, and harassment.

Q3 Personal safety protection order can be used to fight?

Personnel who implement domestic violence include family members and people who live together. Family members include parents, spouses, children, brothers and sisters, etc. People who live together outside the family generally include daughter -in -law, son -in -law, in -laws, father -in -law, and other people with monitoring, supporting, and fostering. If the above -mentioned personnel implement domestic violence, they can be used as the respondent.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 4 The "person who lives outside the family members outside of family members" stipulated in Article 37 of the Anti -Family Violence Law generally includes a daughter -in -law, son -in -law, aunt, father -in -law, father -in -law, and other people with monitoring, supporting, and fostering.

Q4 What should I do if I cannot apply for a personal safety protection order by myself?

If there are no people who have no capacity for civil behavior and restriction of civil behavior capabilities, those who are old, disabled, seriously ill, or cannot apply for a personal security protection order due to force and intimidation, The residential committee, the villagers' committee, the disabled federation, the organization of the elderly, and the rescue management agency established in accordance with the law can apply for an application.

Basis: "Anti -Family Violence Law"

Article 23 If a parties apply to the people's court to apply for a personal safety protection order to the people's court due to the real danger of family violence or face violence, the people's court shall accept it.

If the parties have no capacity for civil behavior, people who restrict civil behavior, or cannot apply for a personal safety protection order due to force, intimidation, etc., their close relatives, public security organs, women's federations, resident committees, villagers committees, rescue management agencies Can apply for.

"Provisions on the Supreme People's Court on the Application of Laws for the Application of the Personal Safety Protection Order"

Article 2 The parties cannot apply for a personal safety protection order due to their elderly, disability, and serious illness. Its close relatives, public security organs, civil affairs departments, women's federations, resident committees, villagers' committees, disabled people federations, and elderly people established according to law, established according to law Organization, rescue management agencies, etc. In accordance with the wishes of the parties, and in accordance with Article 23 of the Anti -Family Violence Law, the people's court shall accept it in accordance with the law.

Q5 What evidence should be submitted for personal safety protection order?

The "Regulations" lists ten forms of evidence to provide clear behavior guidance for domestic violence victims and collect evidence. For more common parties, such as the statement of the two parties, the regret or guarantee issued by the respondent, telephone recording, text messages, diagnosis and treatment records of medical institutions, and records of reflected or help can be used as evidence.

In terms of proof standards, it is determined that the existence of domestic violence only needs to achieve "greater possibilities" instead of "high possibilities", thereby reducing the parties' proof of proof.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 6 In the case of a personal safety protection order, the people's courts who believe that the applicant suffers from domestic violence or the facts of the danger of family violence in family violence or the facts of the danger of family violence can make a personal safety protection order in accordance with the law. "Related Evidence" in the preceding paragraph includes:

(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.

Q6 What should I do if the respondent violates the personal safety protection order?

After the people's court made a personal safety protection order, the respondent should strictly abide by and no longer implement domestic violence. If the respondent still implements family violence during the protection period, it is not only a trample on the personality rights of family members, but also a disregard of judicial authority. The "Regulations" resolutely punish this and can be held criminally responsible.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 12 If the respondent violates the personal safety protection order and complies with Article 313 of the Criminal Law of the People's Republic of China, in order to refuse to implement the judgment and the crime and punishment; Purchase processing.

Q7 The respondent claims that the applicant's fault is first. Will it affect the personal safety protection order?

Sometimes the respondent will advocate that the reason for the implementation of domestic violence is because the other party is wrong, such as derailment, so its implementation of domestic violence is original. However, it is necessary to emphasize that any reason is not an excuse to implement domestic violence. If the respondent recognizes the existence of domestic violence, but if the applicant is faulty, the people's court shall make a personal safety protection order in accordance with the law. Family violence is illegal, and may even constitute a crime, and we must resolutely resist and fight.

Based on the "Supreme People's Court's Regulations on the Application of Laws for the Application of Personal Safety Protection Cases"

Article 8 The respondent recognizes the existence of domestic violence, but argued that the applicant's faults will not affect the people's court to make a personal safety protection order according to law.

Since 2016, the Shanghai Minhang Court has fulfilled its duties and has performed its duties. According to the characteristics of the case of personal safety protection order, it has actively explored effective methods to prevent and stop domestic violence under the system of personal safety protection order. Or happen again. As of now, the Shanghai Minhang Court issued a total of 16 personal safety protection orders. With the promulgation of the "Regulations", the Shanghai Minhang Court will continue to work hard to solve the difficulties and pain points in the trial of the case, give full play to the role of the personal safety protection order system, and continue to escort the prevention and stop domestic violence!

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Author: Wang Xuanwei Tao Siyan Zhou Chen

Edit: Su Zhan

Editor in charge: He Yi

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*Wenhui exclusive manuscript, please indicate the source for reprinting.

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