Frozen hungry slander tracing harassment is domestic violence

The "Provisions on the Application of the Supreme People's Court on the Application of Laws on the Application of the Personal Safety Protection Order" was implemented on August 1. According to the judicial interpretation, the applicant's personal safety protection order is not based on the divorce litigation; frozen hunger and recurring insults belong to domestic violence ... judicial interpretation related content has aroused widespread concern in the society.

What are the obstacles encountered in judicial practice? How does the judicial interpretation of the highest law clear these obstacles? How to implement the regulations of the Civil Code on "prohibiting domestic violence"?

Regular insults, threats, etc. are also domestic violence

In people's impression, the personal safety protection order of the applicant is usually associated with divorce litigation. The first judicial interpretation of the Supreme Law of the Supreme Law clearly clearly states that the personal safety protection order from the people's court is not based on civil lawsuits such as divorce.

Zheng Xuelin, president of the Supreme French People's Court, introduced: "The regulations clearly clarify the personnel security protection order to the people's court's personal safety protection order without requiring a divorce or other lawsuits first, nor do they need to file a lawsuit such as divorce after the application of the personal safety protection order of the applicant. . 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. And the purpose of the system. "

my country's anti -family violence law stipulates that home violence referred to in this law refers to physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, and thresholds between family members. In practice, in addition to the common form of domestic violence listed in the law, there are other behaviors that can be classified as the category of domestic violence, and further ensure that family members from various forms of family violence infringement.

Wu Jingli, the vice president of the Supreme French People's Court, said that the judicial interpretation has made a list of expansion of domestic violence. It is clear that frozen hunger and regular insults, defamation, threats, tracking, and harassment are all family violence.

my country's Anti -Family Violence Law stipulates that the parties are those with no capacity for civil behavior, a person with restrictions on civil behavior, or cannot apply for a personal safety protection order due to force and intimidation. The villagers' committees and rescue management agencies can apply for. However, 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. In this regard, how to deal with judicial interpretation?

Zheng Xuelin said, "Clarifying the" old age, disability, severe illness ", etc., can be applied on behalf of the relevant departments on the premise of respecting the parties. Organization of the elderly, etc., fully mobilize the power of the whole society, further weave the protection network of such personnel to ensure its personal health and life safety. "

The testimony of minors to adapt to their age and intelligence will be accepted

my country's 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 opinions. However, in practice, most parties cannot provide these evidence, which has caused the application for "insufficient evidence", which limits the role of personal safety protection order. In order to crack the difficulty of proof, the judicial interpretation lists ten forms of evidence, clearly guides the practice of trial, and provides a clear behavioral guidance for domestic violence victims and collecting evidence.

Wang Dan, a second -level senior judge of the Supreme Fa -Citizen first court, said, "The more common parties, such as the statement of the two 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, the Women's Federation of the Women's Federation, the Women's Federation Organizations and other records of reflection or help. When domestic violence victims are submitted to the people's court when they are violent or facing domestic violence or danger of family violence, they can submit them consciously and collect the above evidence.

For minors, suffering from domestic violence and witnessing domestic violence will cause them to live in a tense and fearful environment. The physical and mental health will be greatly damaged, and even the wrong concept of "solving everything with violence". The Supreme Law also provides the testimony of minors as evidence.

Wu Jingli, the vice president of the Supreme French People's Court, explained that "According to the privacy of domestic violence, in the form of evidence, the testimony provided by the young and intellectual adults is included in the category of the evidence of the family violence. Accurately identify and stop domestic violence in a timely manner, and create a safe and stable family environment for the healthy growth of minors. "

The judicial interpretation clearly states that the standard of the case of personal safety protection order is "greater possibility". It does not need to reach "high possibilities". It has also further reiterated the regulations of the people's court's investigation and evidence and evidence collection. These regulations have further eliminated the difficulty of proof of domestic violence victims.

Any reason is not an excuse for domestic violence

In judicial practice, the situation is complicated. For example, in the case of some personal safety protection order, some of the respondents believe that there is a original family violence, and the reason is that the other party is wrong. There are also respondents who do not take the personal safety protection order at all. How will judicial interpretation cope with these situations?

Wang Dan, a judge of the Supreme French People's Court, said that the other party was "wrong", and for his own domestic violence to find excuses, and even took the opportunity to control each other through violence, it was more common in the case of personal safety protection order. Wang Dan emphasized that "no reason is not an excuse for implementing domestic violence. The idea of ​​thinking about family violence 'is justified." In order to correct this wrong understanding, the judicial interpretation clearly stipulates that the respondent recognizes existence existing existence Family violence, but if the applicant has fault, the people's court shall make a personal safety protection order according to law. Family violence is illegal, and may even constitute a crime. It must resolutely resist and fight. "

The Anti -Family Violence Law stipulates that the respondent violates the personal safety protection order and constitutes a crime, which is investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the people's court shall give a command in accordance with the plot. The following detention. Judicial interpretation has further increased its strike.

Zheng Xuelin, president of the Supreme French People's Court, introduced, "The judicial interpretation is further clarified. If the respondent violates the personal safety protection order, it meets the provisions of the criminal law, in order to refuse to implement the judgment and the crime and punishment. Strong, enhance the authority of personal safety protection order. "

So how to judge the responsibility of legal liability for derailment such as derailment? Wang Dan said that it can be borne in accordance with the provisions of the Civil Code. "When divorcing the joint property of husband and wife, consider taking care of the principle of non -wrong party rights. If one party has major faults such as living with others, it must also bear liability for damage compensation."

According to Xinhuanet

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