The relevant person in charge of the Supreme Court of French People's Court answered the reporter's question on the "Provisions on the Supreme People's Court on the Application of Laws for the Application of the Personal Safety Protection Order"

On July 15, the Supreme People's Court issued the "Provisions on Several Issues on the Application of Laws in the Application of the Personal Safety Protection Order" (hereinafter referred to as the "Regulations"). The relevant person in charge of the Supreme People's Court attended the press conference and answered questions from reporters.

Question 1:

It is understood that a considerable part of the victims of domestic violence are minors. What are the special considerations of the "Regulations" in the protection of the rights of minors?

Answer: Youth is the hope of the future and nation of the country. Preventing and stopping domestic violence against minors and protecting its healthy growth is the inconceivable responsibility of the people's court. As a victim of domestic violence, minors are mainly reflected in two forms, one is family violence; the other is to witness domestic violence. Both situations will cause minors to live in a intense and fearful environment. His physical and mental health will be greatly damaged, and even the wrong concept of "solving everything with violence" will slip to the abyss of illegal crimes. The Supreme People's Court attaches great importance to the protection of minors' rights and interests. In order to prevent and stop domestic violence against minors, the Supreme People's Court has hit a set of "combination boxing" this year. In March of this year, the Supreme People's Court jointly issued the "Opinions on Strengthening the Implementation of the Personal Skills Protection Order System" with six ministries and commissions of the Ministry of Public Security, which emphasized that adherence to the principle of most conducive to minors, including detailed related entities The obligation of compulsory reporting, clarify that minors can testify without appearing in court. When asking minors, it is necessary to provide appropriate places, adopt the inquiry methods that minors can understand and accept, and focus on protecting their privacy and security. The "Provisions" mainly solve the problem of legal applications. It mainly includes two aspects: one is to enumerate the types of domestic violence, which clearly expands the types of frozen hunger and regular insults, defamation, threats, tracking, harassment, etc. are all family violence; the second is based on the private characteristics of domestic violence, In the form of evidence, the testimony provided by the young children is incorporated into the category of domestic violence. This helps to accurately identify and stop domestic violence in accordance with the law, and create a safe and stable family environment for the healthy growth of minors.

Question 2:

It is understood that the application of the personal safety protection order was rejected by the court due to insufficient evidence. We noticed that the "Regulations" specifically stipulated the forms of evidence and certification standards. What practical problems can these new regulations help applicants solve?

Answer: Evidence is a very critical issue in the judicial practice of personal safety protection order. According to our research and understanding, the main reason for the application of the personal safety protection order is insufficient evidence, which greatly restricts the effective play of the personal safety protection order. 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, a considerable part of the applicants were not supported because they could not provide the above evidence. To this end, on the basis of in -depth investigation, according to the characteristics of domestic violence, we summarized the experience of trial practice and listed ten forms of evidence. The more common statements such as the parties to the parties, the regret or guarantee of the respondent, the two parties issued, 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. In addition, the "Provisions" also clearly stated that the standard for proof of the 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. These regulations have improved the evidence and rules system of the case of personal safety protection order, further solve the difficulty of proof of domestic violence victims, and provide a stronger and stronger institutional support for protecting the legitimate rights and interests of domestic violence victims, thereby ensuring that the people are safer and more secure and more secure. Living dignified.

Question 3:

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 question 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. In order to prevent and stop family violence to the greatest extent, we must pay special attention to the construction of family civilization, nourish the excellent family style, promote family virtues, respect each other, love each other, and help each other. Essence Source/Supreme People's Court

Edit/Liu Bin

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