Reject domestic violence! You should know these laws.

Reject domestic violence! You should know these laws.

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

First, what is domestic violence?

1. Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates that "domestic violence" as mentioned in this law refers to the physical and mental violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, and frequent abuse and intimidation.

2. Article 1 of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) stipulates that domestic violence can be regarded as "abuse" as mentioned in Articles 1042nd, 1079th and 1091st of the Civil Code.

Second, what should I do after encountering domestic violence?

1, Article 13 of the Law of People's Republic of China (PRC) on Domestic Violence stipulates:

Victims of domestic violence, their legal representatives and close relatives can complain, reflect or ask for help to the units where the perpetrators or victims work, residents' committees, villagers' committees, women's federations 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.

Units and individuals who find that domestic violence is being carried out and commit physical and mental violations by intimidation have the right to dissuade them in time.

2. Article 15 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates:

After receiving a report of domestic violence, the public security organ shall promptly call the 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, faces a threat to personal safety or 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.

3. Article 19 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates:

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.

4. Chapter III, Article 16 of People's Republic of China (PRC) Anti-Domestic Violence Law stipulates:

If the circumstances of domestic violence are relatively minor, and other laws have not imposed administrative penalties for public security, the public security organs shall criticize and educate the perpetrators or issue a confession and punishment.

The confession should include the identity information of the perpetrator, the factual statement of domestic violence and the content that the perpetrator prohibits domestic violence.

Three. About habeas corpus

1, Article 23 of the Law of People's Republic of China (PRC) on Domestic Violence stipulates:

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 without capacity for civil conduct, with limited capacity for civil conduct, or unable to apply for personal safety protection 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.

2. Article 27 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates:

A personal safety protection order shall meet the following conditions:

There is a clear applicant.

(2) There are specific requirements.

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

3. Chapter 4, Article 29 of the Law of People's Republic of China (PRC) against Domestic Violence stipulates:

Personal safety protection may include the following measures:

(1) It is forbidden for the respondent to commit domestic violence.

(2) The respondent is prohibited from harassing, stalking or contacting 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.

4. Chapter 4, Article 30 of the Law of People's Republic of China (PRC) against Domestic Violence stipulates:

The validity period of the personal safety protection order shall not exceed 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 terminate, modify or extend it according to the applicant's application.

Four, on the implementation of domestic violence legal responsibility

1, Article 33 of the Law of People's Republic of China (PRC) on Domestic Violence stipulates:

If the perpetrator commits domestic violence, which constitutes a violation of public security administration, he shall be punished for public security administration according to law.

If a crime is constituted, criminal responsibility shall be investigated according to law.

2. Article 34 provides that:

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.

3. Article 36 provides that:

State functionaries 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.