The Supreme Law is clear!Frozen hunger, tracking, harassment, etc. are domestic violence

Author:The official account of Xi'an Time:2022.07.16

The Supreme People's Court held a press conference on July 15 to issue the "Provisions on Several Issues on the Application of Laws for the Application of the Personal Safety Protection Order" (hereinafter referred to as the "Regulations").

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. 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.

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. But the above evidence is not easy to obtain. For this reason, on the basis of in -depth investigation, according to the characteristics of domestic violence, summarize the experience of trial practice, and list ten forms of evidence. The more common statements such as both parties, regrets or guarantees issued by the respondent, and the two parties. Telephone recording, text messages, diagnosis and treatment records of medical institutions, and women's federations have received records 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 privacy of domestic violence, in the form of evidence, the "Regulations" include testimony provided by young children into the scope of family violence with testimonies.

In addition, the "Regulations" also clearly stated that the standard for proof of personal safety protection order is "greater possibility". It does not need to reach "high possibilities", thereby reducing the difficulty of the applicant's proof. At the same time, the "Regulations" further reiterated the provisions of the people's court's investigation and evidence collection in accordance with their duties.

Source: Supreme People's Court website

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