Why do men abuse women in domestic violence? At present, the social equality between men and women is not perfect enough.
Social problems, but the relevant departments have formulated relevant laws.
I believe this phenomenon will be less and less!
Why is domestic violence the father's? Not necessarily, my family is my mother's domestic violence! When I was a child, she cried for help every time I was beaten. Fuck.
Is domestic violence the fault of men or women? There is always a causal relationship in everything. Don't be afraid. Domestic violence is mostly caused by suspicion, jealousy, inferiority, life pressure and environment. Simply put, it is caused by psychological factors. So when love comes, we can learn more about each other's personality and living environment. Only by knowing each other's personality and habits can we better choose and avoid such incidents.
Why are the victims of domestic violence all women? The incidence of domestic violence in China is 29.7%-35.7%, and the Supreme Law has issued guidelines to guide the trial of domestic violence cases. On August 6th, 2008, the first writ of habeas corpus in China was issued by the Chong 'an District Court of Wuxi City, Jiangsu Province on the application of the victim Chen Mou. The ruling prohibits the defendant Xu from beating and threatening his wife as a husband, and extends the judicial protection of personal safety to the family and before the trial of the case for the first time. On September 24th, the court in Yuelu District, Changsha City, Hunan Province issued a "writ of habeas corpus" and issued a notice of assistance in execution to the local public security organ, asking the police to supervise the defendant's husband Huayang (a pseudonym). Once he is found threatening and beating the plaintiff's wife Zhang (a pseudonym), he should take emergency measures to protect Zhang's personal safety. The ruling was actively cooperated by the local public security organs. In less than two months, China's courts issued a series of "habeas corpus orders" to prevent domestic violence, which reflected a major change in our concept of national defense domestic violence-changing punishment after the event into protection in advance. This change stems from the Guide to the Trial of Domestic Violence Marriage Cases issued by the Institute of Applied Law in China, the Supreme People's Court in May this year. "Breaking up violence" is typical. 90% of the victims are women. "One is to be beaten and threatened with violence after divorce; One is that because they can't stand the long-term domestic violence, they resolutely file for divorce and are subjected to increasing violence. These are two typical' breakup violence'. " Chen Minru, an associate researcher at the Supreme People's Court China Institute of Applied Law, commented on two cases of habeas corpus. "I want to break up and kill you." According to Shu, the research office of Yuelu District People's Court, Zhang sued the Yuelu District Court for divorce on the grounds that her husband Huayang was male chauvinist and the relationship between husband and wife was completely broken. A few days later, on the evening of September 8, when Zhang was walking near her mother's house, Huayang, who was ambushing here, punched and kicked her, causing black and blue injuries. Zhang called the local police station before her husband left, and threatened to kill him before he left. After being beaten, Zhang was frightened, fearing that her husband would launch a sudden attack on himself at any time. On July 22 this year, the Chong 'an District Court of Wuxi accepted the case against her husband Xu Yi. The plaintiff claimed that she was not pregnant after marriage, and Xu appealed to the court, and the two sides mediated the divorce. After that, the two sides remarried under the persuasion of relatives and friends and had a daughter. Half a year after delivery, Xu had a big fight with him, from occasional fights to frequent "fists and fists". "It can be seen from the bruises on the victim's arm that he suffered from serious domestic violence." The relevant person in charge of the Chong 'an District Court introduced. The plaintiffs in these two cases extended the tentacles of judicial protection of personal safety to the family and before the trial of the case, which is undoubtedly lucky. This has also made a large number of domestic violence victims see hope. Domestic violence is a global social problem. According to the survey, the incidence of domestic violence in China is 29.7%-35.7%, and 90% of the victims are women. In 2005, Beijing Haidian District Procuratorate investigated all female criminal suspects detained in detention centers in Haidian District, Fengtai District, Shunyi District and Chaoyang District from May to June, and found that the rate of domestic violence before their arrest was 35.7%. The trial of domestic violence cases is facing chaos. Collecting evidence is the biggest difficulty. Domestic violence is shocking and the harm is self-evident. However, when dealing with domestic violence cases, we have to face problems such as confusion of ideas, legal interpretation, legal operation and evidence collection. China's Marriage Law and the Law on the Protection of Women's Rights and Interests prohibit domestic violence respectively, and 69 local laws and regulations have been issued around domestic violence in various provinces and cities, but these regulations are all in principle. People are used to positioning domestic violence in the family category. Based on the principle that private family life should not be excessively interfered, the protection of such victims by public power obviously lags behind. Usually, only when domestic violence becomes a criminal case, do you intervene strongly and investigate the criminal responsibility of the perpetrator or the original domestic violence victim who was forced to use violence to fight violence. In reality, the police generally have the idea that it is difficult for honest officials to break housework, which makes them feel thankless. In the litigation process of marriage and family cases, domestic violence is also a difficult point to control. Limited by its functions, the court is usually helpless as long as there is no violence in the litigation. Because the criminal proof standard of "excluding all reasonable doubts" is adopted in judicial practice, no matter how much other evidence the victim provides, even if the judge is convinced of the existence of domestic violence, as long as there is no key evidence of the perpetrator's self-admission, it is still difficult to identify it according to the evidence rules of ordinary civil proceedings. Collecting evidence is the biggest difficulty. A statistic shows that about 40%-60% of the parties in marriage and family cases tried by local people's courts advocate the existence of domestic violence, and less than 30% of them can provide indirect evidence including photos of injuries, medical records, alarm records and children's testimony. In addition, influenced by the traditional concept of "it is better to tear down ten temples than one marriage", few witnesses can come forward to testify. Therefore, the court can identify domestic violence at present, which is basically based on the offender's self-admission, and the identification rate is less than 10%. Because legal means can't effectively intervene in domestic violence, objectively justifying domestic violence often leads to the more victims' demands for legal relief, the more vulnerable they are. The Guide has been cited as a reference by dozens of courts. In view of the fact that the existing laws are not operable in combating domestic violence, the Institute of Applied Law of China, the Supreme People's Court has compiled the Trial Guide for Marriage Cases Involving Domestic Violence. It is understood that in addition to the provisions of personal safety protection measures, the trial guide also covers the definition of domestic violence, the basic principles of hearing marriage and family cases involving domestic violence, personal safety protection measures, evidence, property division, child support and visits, mediation and many other aspects, and changes the previous divorce cases from only property punishment measures to comprehensive protection of the victim's property and person. Jiang Huiling, deputy director of the Institute of Applied Law in China, the Supreme People's Court, said that the most prominent thing in the trial guide is to clarify the concept and put domestic violence in the social and cultural category. Therefore, considering that the filing of divorce proceedings may anger the injurer and lead to "breakup violence" against the victim, the trial guide stipulates personal safety protection measures, and comprehensively stipulates the application conditions, review priorities, ruling content, effective implementation, and responsibility for violating the ruling. In view of the difficulty in obtaining evidence, the Trial Guide stipulates the transfer of burden of proof under certain circumstances. The plaintiff provides evidence to prove the facts and consequences of infringement and considers it as the defendant, and the burden of proof shifts to the defendant. If the defendant denies what he did, but there is no evidence to the contrary, he can be presumed to be the perpetrator and the existence of domestic violence can be determined. The habeas corpus orders in Jiangsu and Hunan are formulated with reference to the provisions and spirit of the trial guide. At the same time, the Trial Guide stipulates that when the parties give evidence, because the contents of the alarm record are ambiguous, the parties can apply to the court to inform the police at that time to testify in court, so that the judge can finally make a comprehensive judgment. You can also ask the court for personal protection. The court may order emergency protection or long-term protection for a period of 15 days. The court will supervise the execution of the ruling, impose sanctions on violations of the ruling, and notify the public security organs to be vigilant and fulfill their protection obligations. If the public security organ fails to perform the necessary protection obligations and causes damage to the applicant, the applicant may sue for inaction. The Trial Guide has two highlights: First, it determines the types of domestic violence. Sexual violence, mental violence and economic control are also members of domestic violence. The second is to establish the principle of sacrifice compensation and care. The Trial Guide stipulates that in the division of property, the victims should be properly taken care of, rather than mechanically divided equally. The release of the Trial Guide has received positive responses from all parties. At present, dozens of grass-roots, intermediate and high-level courts have indicated that they will take this guide as an important reference in the trial of related cases, and cite the contents of this guide as an important argument in the judgment reasoning part.
Is it a domestic violence for a quarrelling man to kick a woman's waist? Strictly speaking, it is domestic violence, because it also hurts the other person's physiology and psychology. This is not allowed by law under any circumstances, but if you want to sue, you must have evidence, such as videos, injuries, hospital medical records or identification, witnesses and so on. You don't need everything, but the more complete, the better. Of course, this practice is extreme and usually applies to families who have suffered from domestic violence for a long time and intend to divorce.
If there is any redemption or accidental crime, you can call the police. The police station has civil mediation, which is gentle and gentle. You can leave in a few hours. Both parties do not need to pay any fees or bear any responsibilities.
Now domestic violence should be a woman beating a man! Do you think women have that ability? Even if there are women who are better than men, there are only a few families.
How to treat male domestic violence depends on a person's personality, experience, environment and so on.
In fact, there is another kind of violence = = = family cold violence, just like pulling out the meat with a blunt knife, which is even worse.
Is hitting a woman without calling the police a domestic violence? Beating a woman, whether calling the police or not, is regarded as domestic violence as long as it hurts and destroys family members physically, mentally and sexually through beating, binding, confinement or other means.
Domestic violence, referred to as domestic violence for short, refers to the behavior that occurs between family members and physically, mentally and sexually harms and destroys family members by beating, binding, confinement, mutilation or other means. Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity. Domestic violence occurs between family members who are related by blood, marriage and adoption, such as husband to wife, parents to children, and adult children to parents. Women and children are the main victims of domestic violence, and some middle-aged and elderly people, men and disabled people will also become victims of domestic violence. Domestic violence can lead to death, serious injury, minor injury, physical pain or mental pain.
2065438+In March 2005, in order to actively prevent and effectively punish domestic violence crimes and strengthen criminal judicial protection for victims of domestic violence, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice issued the Notice on Handling Domestic Violence Crimes according to Law.
I want to file for divorce at present. Now I'm going to ask my teacher some questions about divorce. 1. Let me explain my family in detail. I am from Yiwu, Zhejiang, and I have been married for 6 years. Because of the fuse of having a second child, and of course other daily chores are intertwined, the current marriage is not harmonious, and then it develops into divorce. Now the family property situation is like this. There is a house at home, which is inherited by parents. The three certificates of the house have not been completed yet. But in my own name, I applied to the state for approval of a part of the homestead of 108 square meters and a part of my parents' 54 square meters. Later, because I didn't have much money to build a house, I bought a 36-square-meter homestead. The time to apply for homestead is before I get married. Moreover, the money for building the house was paid by my parents, and my husband and wife never gave it. Excuse me, is this the joint property of husband and wife? If so, how to separate them? 4. Domestic violence? It is said that there is a "soft violence" at present. Is it legally recognized? Because we are husband and wife, we don't live together at present, but we have separated. There is no all-out martial arts action. There is no quarrel in the quarrel. Thank you, teacher.