People's Republic of China (PRC) (China) Anti-Domestic Violence Law
Domestic violence is the evil of human nature, the pain of family, the pain of society and the ruin of civilization. The anti-domestic violence law profoundly embodies the advanced concept of legislators to conform to the trend of the times and promote social development, and fully embodies the constitutional spirit of the state to respect and protect human rights. The anti-domestic violence law further promotes and develops the advanced gender culture in the field of marriage and family, and shows the good international image of China in protecting the family and safeguarding human rights. After the promulgation and implementation of the anti-domestic violence law, many localities and departments acted quickly and formulated specific measures to implement the anti-domestic violence law, involving mandatory reporting, public security warning, domestic violence shelters, personal safety protection orders and other systems, which enabled the warning system, personal safety protection order system and revocation of guardianship qualifications established by the anti-domestic violence law to be implemented and played a practical role. It has become an effective means for public security organs and people's courts to intervene in domestic violence, and its disciplinary effect on domestic violence is very obvious. Over the past two years, we can clearly feel that the public's understanding of domestic violence is changing, and more victims of domestic violence have taken up the legal weapon of anti-domestic violence law to safeguard their legitimate rights and interests. Of course, domestic violence, as a long-standing and heavy problem, cannot be achieved overnight. The implementation of People's Republic of China (PRC) Law against Domestic Violence also faces many challenges. Problems such as difficulty in proving, adjusting, identifying, delivering and executing domestic violence cases still exist. The existence of these problems, on the one hand, from the perspective of domestic violence itself, has complex causes and diverse manifestations, and the relationship between the abuser and the victim is multiple (not only the relationship of violence, but also the relationship of support and dependence), which makes it difficult to enter the public's field of vision (concealment). Therefore, the implementation of the anti-domestic violence law and the anti-domestic violence work are bound to be difficult. On the other hand, as far as the Anti-Domestic Violence Law and its implementation are concerned, there are also many problems to be solved urgently. For example, the provisions on the scope of application, including the scope and behavior of the subject, are not enough, so that some groups can not be effectively protected; Some provisions are still relatively principled and not operable enough, such as the lack of detailed operating procedures, inconsistent judgment standards and scales, the implementation effect needs to be strengthened, and the lack of smooth connection with the determination of domestic violence in divorce proceedings. In addition, some law enforcement agencies, judicial organs and their staff have not received enough training and publicity, their concepts have not changed in place, they do not understand the characteristics of domestic violence, their attitudes towards victims are not correct enough, and they lack a sense of responsibility to actively protect victims. Their understanding is not in place or even biased, which affects the development of anti-domestic violence work and the effect of law enforcement. Legal authority comes from people's inner support and sincere belief in the law. Don't forget your active attitude, and the right medicine is the key to the effective implementation of the anti-domestic violence law. People's Republic of China (PRC) Anti-Domestic Violence Law 2 The most common violent beating behavior in domestic violence is usually the beating behavior of the man to the woman. In this kind of domestic violence, the form of expression is usually that the husband commits violence against his wife when he is emotional or drunk, causing some harm to his wife's body. Therefore, after domestic violence, the way to identify domestic violence is generally through the relevant evidence provided by the victim. This evidence usually includes the report that the victim went to the hospital on his own initiative, or the collected audio, video and chat records. Therefore, it is most important to retain evidence, which is very important for identifying domestic violence and safeguarding the legitimate rights and interests of victims. It is also mentioned in the relevant legal provisions of family cold violence that makes people collapse that mental injury is also included in the category of family violence. We have seen more and more people use cold violence against the other side, which has hurt the other side's spirit and even reached the point of collapse. This kind of domestic violence, because it does not cause any obvious harm to the body, is often ignored by people, and even the victims themselves sometimes can't tell whether it is a domestic violence or not, which can't attract attention. In fact, cold violence sometimes does more harm to the victims, and it has caused a serious blow to the victims' spirit. In this process, domestic abusers often degrade their victims in various ways until they have a nervous breakdown. So we must pay attention to it. Another kind of violence that restricts personal freedom. Each of us has the right to personal freedom. In some cases, domestic abusers may restrict the personal freedom of their family members through economic blockade, compulsory detention or even binding. In fact, this is also a kind of domestic violence, which will cause certain harm to the victim's body and spirit, so the victim himself should always be vigilant, and sometimes the injury always happens inadvertently. We should also understand the importance of such a thing, say no to domestic violence, and resolutely safeguard our legal rights and personal freedom from infringement.