[Light Review] Clearly define the atrocities of the family to make the victim better protect themselves

【Light Review】

Recently, the Supreme People's Court held a press conference to issue the "Regulations on the Application of Laws for the Application of the Personal Safety Protection Order". The latest judicial interpretation of the Supreme Law further refine the scope of the application of the personal safety protection order and clearly clarify the rules of the ruling. Essence

For a long time, the protection of disadvantaged groups in the family has a topic of personal safety protection. The field of judicial practice has also been exploring how to make good use of personal safety protection orders to truly protect the disadvantaged groups that have been infringed in the family. Since the official implementation of the Anti -Family Violence Law on March 1, 2016, the personal safety protection order has begun to become a reality. The Supreme Law data shows that as of December 31, 2021, the national courts made a total of 10,917 personal safety protection orders. However, according to survey data of the National Women's Federation, about 20 % of families in 2020 have family violence that infringes on human body. Compared with the large number of domestic violence victims, the personal safety protection order issued by the court is obviously not many.

"No" to domestic violence is a consensus that all sectors of society have obtained. In this context, the number of civil rulings for personal safety protection orders for the national court is so small, it is worthy of attention. At the 2020 Supreme Law, the National Women's Federation and the Chinese Women's Judge Association jointly issued the top ten typical case conferences of the personal safety protection order, the relevant person said that due to the traditional concepts of "family ugliness" and the lack of validity of the public protection order for personal safety protection order Cognitive and concerns about personal safety protection order to exacerbate the tragedy of the family and the existence of the presence of personal safety protection, so that the group of victims of domestic violence "do not know, unwilling to use, dare not use" personal safety protection order.

This can also be seen from many social livelihood news. Although the personal safety protection order began to be implemented as early as 2016, there are rarely reports on the personal safety protection order in recent years. The law of communication tells us that a new thing with extensive and positive significance has rarely reported it, which can only show that this matter is still not popular enough. As a result, the judicial administrative department still has a lot of room for improvement in the popularization of personal safety protection orders. The public lacks sufficient effective cognition of personal safety protection order, which will affect the specific implementation of this legal measure. At the same time, the lack of samples will also affect the legal practice level that may not be found in the real exercises that may exist in time and cannot be improved in time. This will to a certain extent to make domestic violence victims lack confidence in personal safety protection orders. In fact, the difficulty of home rejuvenation, especially the mental retreat, has also resulted in the effective protection of the victims of domestic violence in time.

The latest judicial interpretation of the Supreme Law on the personal safety protection order is the strong measure to actively improve the existing situation. The judicial interpretation has been listed on the types of domestic violence. It is clear that frozen hunger and regular insults, defamation, threats, tracking, harassment, etc. are all domestic violence. Crossly define the atrocities of the family. Such a detailed finalization of the specific plot also facilitates the better the legal knowledge of anti -domestic violence, and promotes the public to more clearly recognize that the personal family protection order is not an empty law. At the same time, the Supreme Law also lists the form of domestic violence, including direct evidence such as the parties' statement, and the recording text message between the respondent and the applicant or its close relatives may be used as a direct evidence. This obviously also expresses the law. Determination of anti -domestic violence.

Looking forward to the latest judicial interpretation of the highest legal safety protection order, all sectors of society can continue to improve the legal policies of anti -domestic violence, so that more and more violent victims can pick up legal weapons to protect themselves. While further clarifying the scope of the personal safety protection order, the effective implementation of how to strengthen the personal safety protection order should also be discussed as soon as possible.

(Author: Chen Cheng)

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