The Supreme Law is clear: frequent sexual insults and harassment are domestic violence

Family is the basic cell of society. On July 15th, the Supreme People's Court issued the "Regulations on the Application of Laws for the Application of the Personal Safety Protection Order" (hereinafter referred to as the "Regulations"), which further clarified the form of domestic violence and expanded the scope of the applicable order of personal safety protection.

Article 23 of the Anti -Family Violence Law stipulates that the people's court shall accept the person's court due to the actual danger of family violence or the actual danger of family violence or facing domestic violence. 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. How to give full play to the role of the personal safety protection order system and maximize the protection of the legitimate rights and interests of domestic violence victims have become a problem that urgently needs to be solved.

According to the person in charge of the Supreme French People's Court, there are 13 "Regulations" to take advantage of the prevention function of the personal safety protection order as the starting point, further clear the various obstacles in the acceptance and procedure of the case, highlight the victims of the family violence. The timeliness of rights and interests, clear rules.

Clarifying the case of personal safety protection order does not depend on civil litigation procedures such as divorce. Article 1 of Judicial Interpretation stipulates 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 a lawsuit such as divorce within a certain period of time after the applicant's personal safety protection order.

Further clarify the form of domestic violence, and expand the scope of application of personal safety protection order. Article 2 of the Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to physical and spiritual violations such as fighting, binding, harming, restricting personal freedom, and regular abuse, and thresholds between family members. "In practice, in addition to the above -mentioned forms, there are other behaviors that can be attributed to the category of domestic violence. The "Regulations" has enlisted the type of domestic violence, and it is clear that frozen hunger and frequent insults, defamation, threats, tracking, harassment, etc. are all domestic violence.

Appropriate expansion of the application situation and the main scope of the application. 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.

Clarify the form of evidence and the standard 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. In practice, most parties cannot provide the above evidence, causing their applications to be rejected due to insufficient evidence. According to the characteristics of domestic violence, the "Regulations" summarize practical experience, list ten forms of evidence, and clearly guide the trial practice, including the statement of the parties; Data; telephone recording, text messages, instant messaging information, emails between the respondent and the applicant or their close relatives;

The "Provisions" also combines the characteristics of the non -vocalist procedure combined with the characteristics of the personal safety protection order, and the certification criteria for issuing the personal safety protection order is "more likely", and does not need to reach the "high possibility", thereby reducing the burden of the parties' proof.

Increasing punishment for violation of personal safety protection orders. 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 domestic 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, and should be resolutely punished according to law. Article 34 of the Anti -Family Violence Law stipulates that if the respondent violates the personal safety protection order and constitutes a crime, it is investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the people's court shall give a commandment that they may be less than 1,000 yuan according to the seriousness of the circumstances. Fined fines, detention below fifteen days. The "Provisions" further clarified that the respondent's violation of the personal safety protection order is in line 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.

The above -mentioned person in charge stated that the elimination of all forms of domestic violence is a symbol of family civilization and the cornerstone of social civilization. Home and everything. It is the inconsistent responsibility of judicial organs to crack down on various forms of domestic violence in accordance with the law and maintaining family harmony and social stability. It is also the joint efforts of members of the whole society.

(Guangming Daily All Media Reporter Jin Hao)

Source: Guangming Daily All Media Reporter Jin Hao

Responsible editor: Zhang Yongqun

Editor: Zhu Xiaofan Zhang Xueyu

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