The Supreme Law Releases Personal Security Protection Order of Judicial Explanation to better protect domestic violence and victims

Xinhua News Agency, Beijing, July 15th (Reporter Luo Sha, Qi Qi) The Supreme People's Court issued the provisions on the application of several legal issues in handling personal safety protection orders on the 15th, giving play to the prevention function of personal safety protection order, further clearing such cases of such cases Various obstacles in the program. The judicial interpretation will be implemented from August 1, 2022.

Personal safety protection order is an important system for the creation of anti -family violence laws. The Supreme Law data shows that 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, which effectively prevented and stopped the occurrence of domestic violence or re -incidence. The personal safety and personality dignity of the victim. At the same time, there are also certain obstacles to the personal safety protection order and other links.

In this regard, the judicial interpretation of the Supreme Law of the Supreme Law stipulates that the personal safety protection order to the people's court is not based on civil lawsuits such as divorce. Licenses such as divorce within a certain period of time.

At the same time, judicial interpretation further clarifies the form of domestic violence and expands the scope of applicable to the personal safety protection order. Clarifying frozen hunger and frequent insults, slander, threats, tracking, harassment, etc. are all family violence, and further clarify the scope of the application of the personal safety protection order to ensure that family members exempt various forms of family violence.

Regarding the behavior of violating the personal safety protection order, the judicial interpretation increases punishment, and clearly stipulates that the respondent's violation of the personal safety protection order and meet the relevant provisions of the criminal law, in order to refuse to implement the judgment and the crime and punishment.

On the basis of the anti -domestic violence law, the judicial interpretation has appropriately expanded the situation of the personal safety protection order on behalf of the applicant, and clearly clarifies the situation of "old age, disability, serious illness". Essence In addition, the judicial interpretation also reduces the burden on the parties' proof and clarifies the certification criteria for issuing a personal safety protection order is "more likely", and does not need to reach "high possibilities."

[Editor in charge: Wang Jianing]

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