What are the principles of the anti-domestic violence law?

First, the provisions of the anti-domestic violence law

Domestic Violence Act of People's Republic of China (PRC)

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of preventing and stopping domestic violence, protecting the legitimate rights and interests of family members, maintaining equal, harmonious and civilized family relations, and promoting family harmony and social stability.

Article 2 The term "domestic violence" as mentioned in this Law refers to physical, mental and other violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation.

Article 3 Family members should help each other, care for each other, live in harmony and fulfill family obligations.

Combating domestic violence is the responsibility of the state, society and every family.

The state prohibits any form of domestic violence.

Fourth people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in anti-domestic violence.

The relevant departments, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and institutions of the people's governments at or above the county level shall do a good job in combating domestic violence in accordance with this law and relevant laws.

The people's governments at all levels shall provide the necessary funds for the anti-domestic violence work.

Fifth anti-domestic violence work should follow the principle of giving priority to prevention, combining education, correction and punishment.

Anti-domestic violence work should respect the true wishes of the victims and protect the privacy of the parties.

Special protection should be given to minors, the elderly, the disabled, pregnant women, lactating women and seriously ill patients who suffer from domestic violence.

Chapter II Prevention of Domestic Violence

Article 6 The State shall publicize and educate family virtues, popularize knowledge of anti-domestic violence and enhance citizens' awareness of anti-domestic violence.

Trade unions, communist youth leagues, women's federations and disabled persons' federations shall organize publicity and education on family virtues and anti-domestic violence within their respective scope of work.

Radio, television, newspapers and the Internet should publicize family virtues and combat domestic violence.

Schools and kindergartens should carry out education on family virtues and anti-domestic violence.

Seventh relevant departments of the people's governments at or above the county level, judicial organs and women's federations shall incorporate the prevention and suppression of domestic violence into professional training and statistical work.

Medical institutions should record the diagnosis and treatment of victims of domestic violence.

Article 8 Township people's governments and sub-district offices shall organize the prevention of domestic violence, and residents' committees, villagers' committees and social work service agencies shall cooperate and assist.

Article 9 People's governments at all levels shall support social organizations such as social work service agencies to provide services such as mental health consultation, family relationship guidance and knowledge education on the prevention of domestic violence.

Article 10 People's mediation organizations shall mediate family disputes according to law to prevent and reduce the occurrence of domestic violence.

Article 11 If an employing unit finds that its personnel have domestic violence, it shall give criticism and education and do a good job in mediating and resolving family conflicts.

Article 12 Guardians of minors shall conduct family education in a civilized manner, perform their duties of guardianship and education according to law, and shall not commit domestic violence.

Chapter III Disposal of Domestic Violence

Thirteenth victims of domestic violence and their legal representatives and close relatives can complain, reflect or ask for help to the injurer or the victim's unit, residents' committee, villagers' committee, women's federation and other units. After receiving complaints, reflections or help from domestic violence, the relevant units shall give help and treatment.

Victims of domestic violence, their legal representatives and close relatives may also report to the public security organs or bring a lawsuit to the people's court according to law.

Units and individuals have the right to discourage domestic violence in time when they find it.

Article 14 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service agencies, relief management agencies, welfare agencies and their staff find that people with no capacity for civil conduct or people with limited capacity for civil conduct have suffered or are suspected of suffering from domestic violence in their work, they shall promptly report to the public security organs. The public security organ shall keep confidential the information of the informer.

Article 15 After receiving a report of domestic violence, the public security organ shall promptly send police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and identifying the injury.

If a person with no capacity for civil conduct or a person with limited capacity for civil conduct is seriously injured due to domestic violence, his personal safety is threatened or he is left unattended, the public security organ shall notify and assist the civil affairs department to place him in a temporary shelter, a rescue management institution or a welfare institution.

Article 16 If the circumstances of domestic violence are minor and the public security administration punishment is not given according to law, the public security organ shall criticize and educate the offender or give him a warning.

The warning should include the identity information of the perpetrator, the factual statement of domestic violence and the content of prohibiting the perpetrator from committing domestic violence.

Seventeenth public security organs shall issue a warning to the perpetrators and victims, and notify the residents' committees and villagers' committees.

Residents' committees, villagers' committees and public security police stations shall visit the perpetrators and victims who received the warning, and supervise the perpetrators not to commit domestic violence again.

Article 18 The people's governments at the county level or at the municipal level with districts may set up temporary shelters alone or relying on rescue management agencies to provide temporary living assistance to victims of domestic violence.

Nineteenth legal aid institutions shall provide legal aid to victims of domestic violence according to law.

The people's court shall defer, reduce or waive legal fees for victims of domestic violence according to law.

Article 20 When trying a case of domestic violence, the people's court may determine the fact of domestic violence according to the police record, warning letter, injury appraisal opinion and other evidence of the public security organ.

Article 21 If a guardian commits domestic violence and seriously infringes on the lawful rights and interests of the ward, the people's court may revoke his guardianship qualification according to law and appoint another guardian upon the application of the ward's close relatives, residents' committees, villagers' committees, civil affairs departments of people's governments at the county level and other relevant personnel or units.

The offender whose guardian qualification has been revoked shall continue to bear the corresponding maintenance, support and maintenance expenses.

Article 22 Trade unions, Communist Youth League, women's federations, disabled persons' federations, residents' committees and villagers' committees, etc. Educate the perpetrators of domestic violence according to law and provide psychological counseling for the perpetrators and victims when necessary.

Chapter IV Personal Safety Protection Order

Article 23 If a party suffers from domestic violence or faces real danger of domestic violence and applies to the people's court for a personal safety protection order, the people's court shall accept it.

If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion or intimidation, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf.

Twenty-fourth applications for personal safety protection orders shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it.

Twenty-fifth cases of personal safety protection orders shall be under the jurisdiction of the basic people's courts in the place where the applicant or the respondent has his domicile and where domestic violence occurs.

Article 26 A personal safety protection order shall be made by the people's court in the form of a written ruling.

Article 27 A personal safety protection order shall meet the following conditions:

There is a clear respondent;

(2) Having specific requirements;

(three) suffering from domestic violence or facing the real danger of domestic violence.

Article 28 After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within twenty-four hours.

Article 29 A personal safety protection order may include the following measures:

(1) Prohibiting the respondent from committing domestic violence;

(2) It is forbidden for the respondent to harass, follow or contact the applicant and its related close relatives;

(3) Ordering the respondent to move out of the applicant's residence;

(4) Other measures to protect the personal safety of the applicant.

Thirtieth personal safety protection order shall be valid for no more than six months and shall take effect from the date of making it. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application.

Article 31 If the applicant refuses to accept the rejection of the application or the respondent refuses to accept the personal safety protection order, he may apply to the people's court that made the ruling for reconsideration once within five days from the effective date of the ruling. If the people's court makes a personal safety protection order according to law, the execution of the personal safety protection order shall not be stopped during the reconsideration period.

Article 32 After making a personal safety protection order, the people's court shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. The personal safety protection order shall be executed by the people's court, and the public security organs, residents' committees and villagers' committees shall assist in the execution.

Chapter V Legal Liability

Thirty-third perpetrators of domestic violence, which constitutes a violation of public security management, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, it shall be reprimanded by the people's court, and a fine of not more than 1,000 yuan and detention of not more than 15 days may be imposed according to the seriousness of the case.

Article 35 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff fail to report cases to the public security organs in accordance with the provisions of Article 14 of this Law, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished by the superior competent department or the unit to which they belong.

Thirty-sixth national staff responsible for anti-domestic violence dereliction of duty, abuse of power, corruption, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 37 Acts of violence committed by people other than family members living together shall be handled with reference to the provisions of this Law.

Article 38 This Law shall come into force as of March 0, 2065438.

Second, how to save yourself when encountering domestic violence.

When we encounter domestic violence, we can protect ourselves from domestic violence by applying for habeas corpus. If a party applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it.

If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion or intimidation, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf. The application for personal safety protection order shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it. Cases of personal safety protection orders shall be under the jurisdiction of the grassroots people's courts in the place where the applicant or the respondent has his domicile or where domestic violence occurs, and personal safety protection orders shall be made by the people's courts in the form of written rulings.

Third, how should the party who is at fault for domestic violence during the divorce compensate?

Divorce fault damages include material damages and mental damages.

Compensation for material damage means that the fault of the actor causes damage to others, and the injuring party should compensate the victim for economic losses according to law. In divorce proceedings, if the behavior of the wrong party causes economic losses to the victim, the wrong party should compensate for the economic losses, such as medical expenses, nursing expenses, transportation expenses, etc. Caused by domestic violence committed by one party to the other.

Compensation for mental damage means that the fault of the actor causes damage to others, and the injuring party should compensate the victim for the mental loss according to law. We should protect people's family happiness and oppose domestic violence.

Legal objectivity:

People's Republic of China (PRC) Anti-Domestic Violence Law Article 1 This Law is formulated for the purpose of preventing and stopping domestic violence, protecting the legitimate rights and interests of family members, maintaining equal, harmonious and civilized family relations, and promoting family harmony and social stability. Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC) The term "domestic violence" as mentioned in this law refers to the physical and mental violations committed by family members by means of beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation. Article 33 of the Anti-Domestic Violence Law of People's Republic of China (PRC), if the perpetrator commits domestic violence, which constitutes a violation of public security administration, he shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.