What is the effect of the first anniversary of the implementation of the Anti-Domestic Violence Law?

The first anniversary of the implementation of the Anti-Domestic Violence Law: Rights protection awareness needs to be improved, and there are difficulties in operation

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On March 1 last year, the "People's Liberation Army of China" *The Anti-Domestic Violence Law of the Republic of China was officially implemented. It has been more than a year since the Anti-Domestic Violence Law was implemented. While the implementation of the Anti-Domestic Violence Law has made positive progress, what changes has it brought to the prevention and control of domestic violence? What problems still exist? How to improve it further? Please read the reporter’s field investigation in Yunnan.

Domestic violence is no longer a private matter

After the implementation of the Anti-Domestic Violence Law, the court can issue a personal safety protection order to the applicant

42-year-old rural woman Zhang A certain person took the photo of her husband after his death and burst into tears, causing the photo to fall to the ground. Not long ago, Zhang killed her husband while he was drunk and asleep because he could not bear the long-term domestic violence of his husband. Unfortunately, the scene at that time was witnessed by Zhang's 10-year-old daughter.

In fact, people like Zhang who have gone from being victims of violence to becoming extreme perpetrators are not isolated cases. In 2016 alone, the Chuxiong Prefecture Court in Yunnan Province heard two cases of husband-murder caused by domestic violence. Not only women, children, and the elderly may be victims of domestic violence, but cases of women bullying men are not uncommon. In July 2015, in a divorce case heard by the People's Court of Xishan District, Kunming City, the wife beat her husband and used a knife. The husband had no choice but to ask a neighbor to call the police, which prevented more serious consequences.

Li Xuesong, deputy director of the Yunnan Provincial High Court, said that in the past three years, courts at all levels in Yunnan Province have tried more than 700 domestic violence cases of various types, showing an overall increase in the number of cases, more concentrated types of cases, and more forms of domestic violence. Most of them are personal injuries, most of the victims are women, and most of the cases occur in rural areas.

In the Chuxiong murder case of Zhang Mou, Zhang went to the Women's Federation three times to seek help, but the Women's Federation only reconciled their conflicts and "went to court for divorce." She also called the police twice for domestic violence. Once, the police did not respond. The other time, after the police were called, they took Mrs. Zhang to a hotel to live, but did not punish her violent husband. But when she called her parents for help, they "asked her to endure it." She filed for divorce, but her husband disagreed. Zhang is almost "unavoidable and intolerable".

“Domestic violence cases are often mistakenly regarded as marriage and family disputes, and do not receive the attention they deserve from families and society, leading to tragedies.” Nongbu Yangzong, vice chairman of the Yunnan Provincial Women’s Federation, said, Yunnan Province Complaint statistics from the Women's Federation system in the past three years show that domestic violence accounts for 22.2% of the number of petitions.

However, with the introduction of anti-domestic violence laws, it has become a reality that similar cases can be curbed in their infancy. Less than a month after the anti-domestic violence law was promulgated, the People's Court of Luxi County, Honghe Prefecture, Yunnan Province served a civil ruling to the respondent Xiaolong (pseudonym) in accordance with the law, ruling that the respondent Xiaolong was prohibited from assaulting the applicant Xiaoqing (pseudonym) Commit domestic violence, otherwise you will be punished by law. This is also the first personal safety protection order issued by the Luxi Court. Hu Yan, director of Mingxin Social Work Service Center in Wuhua District, Kunming City, the first social work service agency in Yunnan Province with domestic violence prevention and intervention as its core business, told reporters that after the introduction of the anti-domestic violence law, Mingxin Social Workers carried out anti-domestic violence When promoting it, we found that the public would no longer be so resistant. "Originally, only two familiar police stations in the jurisdiction surrounding the service center referred cases to Mingxin Social Work Service Center. In 2016, the number of police stations that referred cases has increased to 4."

From taking the initiative to ask for help Judging from the number of cases, it increased by 54% in 2016. “Many people seeking help say that with the anti-domestic violence law, they have more confidence and courage to ask for help. In the past, when they were beaten, they could only endure it most of the time. They came out for help when they couldn’t bear it anymore. Now more people are willing to come forward for help; before, When I went to ask for help, I was told that it was a family matter, and now more and more police will actively intervene," Hu Yan said.

Difficulties in law enforcement

The enforcement body is unclear, evidence collection is difficult, and legal awareness is not enough

What lawyer Qi Lianfeng of Beijing Minghang Law Firm is most concerned about It is the operability of the anti-domestic violence law. "When it comes to the operation of the law, it's all about the details. Taking the personal safety protection order as an example, should it be executed by the public security organs or the court enforcement tribunal? According to the law, both have execution obligations, but they are not the only obligors. , which makes it easier to shift blame.

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In fact, in response to the problem that the legal provisions are not detailed enough, the Yunnan Provincial High Court and the Yunnan Provincial Women's Federation have jointly issued the "Yunnan Provincial Domestic Violence Personal Safety Protection Order System Implementation Measures", which not only clarifies "divorce, "Violence committed between persons who continue to live together after the cohabitation relationship is terminated, dissolved or the custody relationship is terminated" shall be subject to a personal safety protection order. At the same time, it is clarified that the execution subject of the personal safety protection order is the people's court that made the ruling, and the place of residence of the parties concerned , the public security organs, residents' committees and other relevant units in the place where domestic violence occurs have the obligation to assist in the implementation.

However, it is still not easy to activate the personal safety protection order "suddenly and covertly." Sex makes it difficult to obtain evidence of domestic violence, which makes the perpetrators more emboldened, and the victims have to continue to endure the torture of violence. "Hu Yan said.

"It took more than ten years from the formulation to the promulgation of the anti-domestic violence law. It should be said that the law was relatively mature when it was promulgated. The main problem currently is how to understand and implement the anti-domestic violence law. The problem of violent law. "Lawyer Qi Lianfeng said that the introduction of the Anti-Domestic Violence Law provides a powerful legal weapon for victims of domestic violence to protect their rights and interests, and its positive significance should be fully recognized.

"Domestic violence is not like what we consume and drive. , relatively speaking, it is still a low-frequency incident. At present, both law enforcement officers and ordinary people are not aware enough. "Wang Song, a lawyer from Beijing Huirong Law Firm, believes that the current publicity of the anti-domestic violence law is far from enough. Most people don't even know that there is such a law, even the most critical one in the anti-domestic violence law. Relief force - grassroots law enforcement officers, many of whom are unfamiliar with the specific provisions of personal safety protection orders and anti-domestic violence laws.