The other party is wrong first, and the domestic violence is "affectionate"?The Supreme Law emphasizes: this idea is completely wrong!

On July 15th, the Supreme People's Court issued a judicial interpretation of the personal safety protection order and will be implemented from August 1, 2022. The full name of the interpretation is the "Supreme People's Court's Provisions on the Application of Laws for the Application of Personal Safety Protection Cases", with a total of 13 articles to give full play to the prevention function of the personal safety protection order as the starting point, and further clear the procedures for accepting and making such cases in acceptance and making procedures. Various obstacles in China highlight the timeliness of the protection of the rights and interests of domestic violence victims, and clear the rules.

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The respondent's violation of the personal safety protection order will refuse to implement the judgment and ruler the crime and punishment

This explanation has increased punishment for violations of personal safety protection orders and further clarifying 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 Crime punishment. "Therefore, the behavior of violating the personal safety protection order itself is included in the scope of refusal to execute the judgment, the scope of the crime of ruling, and more targetedly increasing the criminal crackdown, enhancing the authority of the personal safety protection order, and responding to social concerns." Zheng Xuelin, the president of a court, said.

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.

"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. Authoritative indifference should be resolutely punished according to law. "Zheng Xuelin said.

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Personal safety protection order cases do not depend on civil litigation procedures such as divorce

The interpretation clearly clarifies the case of personal safety protection or order does not depend on civil litigation procedures such as divorce.

Zheng Xuelin, president of the People's Court of the Supreme People's Court, introduced that Article 1 of the judicial interpretation stipulates that it is not based on civil lawsuits such as divorce and other civil lawsuits to the people's court. The provision clarified 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 lawsuits such as divorce within a certain period of time after the applicant's personal safety protection order. From the perspective of procedure law, the application, review, and implementation of the personal safety protection order are highly independent, and can exist independently without relying on other lawsuits. This is in line with the basic characteristics and institutional purposes of personal safety protection to stop domestic violence in a timely manner.

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< /g> Clarify frozen hunger and frequent insults, slander, threats, tracking, harassment, etc. are all family violence

The judicial interpretation further clarifies the form of domestic violence and expands the scope of the applicable scope 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. "

Zheng Xuelin, president of the First Court of the Supreme People's Court, introduced that this article lists common forms of domestic violence. But in practice, in addition to the above -mentioned forms, there are other behaviors that can be classified as the category of domestic violence, which need to be clear. The judicial interpretation has enumerated the type of domestic violence, and it is clear that frozen hunger and frequent insults, defamation, threats, tracking, harassment, etc. are all domestic violence. So as to further clarify the scope of the personal safety protection order, and to ensure that family members exempt from various forms of family violence.

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Properly expand the situation of the personal safety protection order on behalf of the applicant and the main scope of the application for the application

The interpretation of the situation of appropriate expansion of the personal safety protection order and the main scope of the application.

Article 23 of the Anti -Family Violence Law stipulates that the parties are those who have no ability of civil behavior and restrict the ability of civil behavior, or they cannot apply for a personal safety protection order due to force and intimidation. Council, resident committee, villagers' committees, and rescue management agencies can apply for.

"In practice, there are still situations that cause the victims to dare or not be able to apply for due to age, disability, and serious illness." Said Zheng Xuelin, president of the First Court of the People's Court, said.

In order to maximize the protection of such special difficulties that can obtain the relief of the personal safety protection order system in accordance with the law, the judicial interpretation has been appropriately expanded on the basis of the anti -domestic violence law. "The situation 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 jointly protects its personal health and life safety.

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Clarifying the book, the Women's Federation organization, etc. to receive a record of reflection or help, etc., as evidence of the people's court made a personal safety protection order

In addition to the provisions of the anti -domestic violence law, the people's court can make a personal safety protection order in accordance with the evidence, which is urgent in the trial practice. The explanation summarizes practical experience according to the characteristics of domestic violence, enumerates ten forms of evidence, clearly guide trial practice, and provides clear behavior guidance for domestic violence victims and collects 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, most parties cannot provide the above evidence, causing their applications to be rejected due to the lack of evidence ', which limits the role of personal safety protection order." Said Zheng Xuelin, president of the Supreme People's Court, Zheng Xuelin.

What are the ten evidence forms listed in this explanation? Wang Dan, a second -level senior judge of the Supreme People's Court, introduced that the more common parties, such as the statement of the parties, the regret or guarantee issued by the respondent, the telephone recording, text messages between the two parties, the diagnosis and treatment records of the medical institution, Wait a record of reflection or help. When the victim of domestic violence is suffering from domestic violence or facing the danger of domestic violence, it can consciously retain and collect the above evidence, and submit it to the people's courts from time to time.

According to the provisions of the interpretation, these evidence forms also include the family violence warning of the public security organs and the decision of administrative penalties; the public security organs' police records, interrogation transcripts, inquiry transcripts, alarm records, alarm recovery, etc. Waiting for audiovisual information; testimony provided by minor children, testimony adapted to their age, intelligence, or other witness testimony such as relatives and friends, neighbors, etc.; In addition, the explanation has further reiterated the regulations of the people's court's investigation and evidence and evidence for the people's court. Zheng Xuelin introduced that in the case of personal safety protection order, the standards of domestic violence facts are not clear enough, which is difficult to handle such cases. The purpose of the personal safety protection order system is to stop domestic violence and provide a "isolation wall" to the victims. Therefore, it should be distinguished from the certification standards of the physical facts of civil cases. This explanation combines the characteristics of the non -vocabulary procedure combined with the personal safety protection order, and the certification criteria for issuing the personal safety protection order is "more likely", instead of reaching "high possibilities", thereby reducing the burden of the parties and helping to help the parties' proof and help to help Give full play to the role of personal safety protection order.

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The violence between daughter -in -law, son -in -law, in -laws, in -laws, father -in -law, etc.

Article 37 of the Anti -Family Violence Law stipulates that violence implemented between people who live together outside the family members, shall be implemented with reference to the provisions of this Law.

Who are the people who live together outside the family "? The interpretation clearly states that 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, in -laws, father -in -law, and other people with monitoring, supporting, and fostering.

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Wang Dan, a second -level senior judge of the Supreme People's Court, said in response to questions from reporters that any reason is not an excuse for implementing domestic violence. The idea of ​​thinking that domestic violence is "affectionate" is completely wrong. The judicial interpretation clearly stipulates that 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.

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In some personal safety protection orders, the respondent will claim that the reason why domestic violence is because the other party is wrong, such as derailment. Therefore, the family violence is possible. Response?

answer

This problem is particularly targeted. 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.

Here we need to 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.

In order to correct this wrong understanding and increase the protection of domestic violence victims, the judicial interpretation clearly stipulates that the respondent recognizes that there are domestic violence, but if the applicant has fault, the people's court shall make a personal safety protection order in accordance with the law in accordance with the law. Essence Family violence is illegal, and may even constitute a crime, and we must resolutely resist and fight.

Of course, as you mentioned, if one party is derailed and other faults, they must also bear corresponding legal responsibilities. For example, in accordance with Article 1087 of the Civil Code, when divorcing the common property of the husband and wife, the principle of taking care of the rights and interests of the non -wrong party must be considered. For another example, in accordance with Article 1091 of the Civil Code, if one party has major faults such as living with others, it must also bear liability for damage compensation. We must pay special attention to the construction of family civilization, cultivate excellent family style, promote family virtues, respect each other, love each other, help each other, and truly make their families a harbor that covers rain and rain, rather than the source of storms.

Source 丨 Chinese Women's Daily, CCTV News

Picture 丨 PEXELS

Edit 丨 Yiren

Review 丨 Ouyang Lingxi

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