Recently, the Japanese girlfriend of Jiang Jinfu, a well-known domestic actor, exposed many photos of bruises on various parts of her body on the Internet, and Jiang Jinfu also publicly issued a document, admitting that she had committed domestic violence and apologizing.
November 25th every year is the International Day for the Elimination of Domestic Violence established by the United Nations, also known as the International Day against Domestic Violence. Not many people know this day, but there are not many people who are silently suffering from domestic violence in their lives.
According to the "Special Report on Judicial Big Data of Divorce Disputes" recently released by the Supreme Court, applying to the court for dissolution of marriage on the grounds of "domestic violence" ranks the second reason for divorce, accounting for 14.86%, second only to "emotional disharmony". In fact, domestic violence nowadays is not only between husband and wife.
Do you know any domestic violence around you? What kind of behavior is domestic violence? Recently, a reporter from chongqing morning post interviewed this.
If a wife can’t do anything well, she should learn a lesson.
Zhang Xiuying, 72, was sitting in the courtyard dam, burying his face and his eyes were red. After removing her hand, a deep palm print was left on her cheek, which was played by her 76-year-old wife Zheng You. This is a domestic violence case released by the Rights Protection Department of the Municipal Women’s Federation.
Zheng You has always been more capable, but Zhang Xiuying is not very good at housework. Zheng You does all the work at home and abroad. Sometimes when he is tired, he will fly into a rage and beat his wife to trap to feel avenged.
"It’s natural to beat your wife." Zheng You said angrily, "The old woman can’t do anything well, that’s the lesson!"
The village "two committees" immediately set up a help team to intervene, and after visiting to find out the basic situation, they formulated a help plan. They found that the most important reason for domestic violence is that the husband and wife are uneducated and lack legal knowledge. Although Zheng You also realized that beating people was wrong, he had no idea that domestic violence was an illegal and criminal act, and he had never heard of the Anti-Domestic Violence Law. Zhang Xiuying silently endured domestic violence and didn’t realize that her rights and interests had been violated.
Therefore, every time the help team visits the home, they will repeatedly explain the laws and regulations such as the Anti-Domestic Violence Law. At the same time, the deep-seated reasons of family violence are analyzed: the couple are old and sick, and their lives are stretched; Zheng You was busy growing vegetables and living, and he didn’t have a hot meal when he got home. When he was in a hurry, he couldn’t help being rude. To this end, the help team took the initiative to help Zheng You arrange sanitation work in the village, which solved the practical difficulties of his family. Through many visits and contacts, the support team found that the couple actually had a good emotional foundation, and there were no principled differences or major contradictions. Zhang Xiuying is not good at housework mainly because she is old, sickly, slow, honest and not capable, and she feels guilty for not being able to share it with her husband.
As a result, the help team found the couple’s children again, asking them to visit their parents more, to rebuild the family warmth, so that they can understand each other’s difficulties and cherish the old company more. Slowly, Zheng You realized the harm of domestic violence, slowly learned to be considerate of his wife, and after helping and intervening, there was no domestic violence again.
"Xiong Haizi" is disobedient, and dad is fist educated.
In April, a 12-year-old boy came from Yuzhong District Women’s Federation. He first wandered in the corridor and then looked into the office. Chen Qian, vice chairman of the Women’s Federation, noticed him. After asking, he learned that this junior high school boy named Ding Ding came for help because of domestic violence. His father’s education method is simple and rude, and what goes wrong is a beating — — Eat slowly, hit; Stuttering, hitting; The academic performance has dropped. Fight!
Fist has become the main way of communication between father and son.
Chen Qian put down his work and had a few serious talks with Tintin first. She told Ding Ding, you see how hard it is for Dad to work outside every day to get money to take care of his family. "You are a man. It’s wrong for Dad to hit you, but you should also think about what you did badly."
Chen Qian made several phone calls with Tintin’s father to find out the situation. The father has repeatedly said that Tintin is a "Xiong Haizi" and always makes himself angry if he doesn’t listen. Because my education level is not high, and I am not very reasonable, I can’t control my fist when I see my child disobeying.
Chen Qian told him that you see that children know how to find 110 and ask the Women’s Federation for help, which is very generous and can tell the whole story clearly. It is generally difficult for children of the same age to do it. This is Ding Ding’s strength! Chen Qian tried to let his father see the bright spot of the child, and also told him the seriousness of hitting the child. If the circumstances are serious, it will constitute a crime. Chen Qian later followed this ordinary domestic violence incident many times and found that the relationship between father and son had obviously eased and improved.
It is common for parents to beat their children. As everyone knows, it may have violated the law.
So, how to define whether "beating children" constitutes domestic violence? Lawyer Wang Tianqiang of Beijing Dacheng (Chongqing) Law Firm said that minors were beaten by their parents for the purpose of education and did not cause harm to minors’ body and mind, which belongs to normal family education. Parents’ abusive behavior, which is not aimed at education, directly affects minors’ bodies, causing them physical or mental pain and damaging their physical health and personal dignity, is a violation of the Anti-Domestic Violence Law (which came into effect on March 1, 2016) and the Criminal Law. The relevant provisions on domestic violence in the Opinions on Handling Domestic Violence Crimes in accordance with the law of the two houses of congress should be in accordance with the law. Its boundary is whether the infringement has caused harm to its body and whether its harm has violated the law.
Expert interpretation
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Domestic violence between husband and wife is mostly in these situations.
The Municipal Women’s Federation has analyzed the cases of domestic violence letters and visits, and thinks that domestic violence between husband and wife is mostly:
One is to treat the woman as a punching bag. Most women who suffer from domestic violence have no fixed job and income, low education level and financial independence. Their dependence on the man reduces their status in the family, and they become the "accessories" and "punching bags" of the man in life, and they are beaten and scolded by the man for no reason.
Second, men have bad habits. Some men are grumpy, selfish, and lack of love and responsibility. When some requirements are not met or their families interfere with their bad habits such as drinking, gambling and drug abuse, when their wives persuade them or when their husbands and wives quarrel, the man overpowers the woman with violence.
The third is the escalation of physical conflict. When some couples had physical conflicts in the early days, the woman forbeared again and again for reasons such as "speaking out to lose face", "forbearing too much" and "the man was drunk and in a bad mood", which led to the man becoming accustomed to it and escalating into domestic violence.
The fourth is the type of intentional trouble. The relationship between the two sides is not harmonious or the man has an extramarital affair. The man is unwilling to file for divorce for some reasons, but forces the woman to file for divorce on her own initiative through domestic violence. Most women who suffer from domestic violence, especially those whose children are young or have no fixed jobs, are reluctant to divorce, mostly because they are worried that divorce will bring adverse effects to their children or that they will be homeless after divorce.
remind
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Remember to leave evidence in case of domestic violence.
Yuzhong District Court has conducted statistics, and in recent years, about 10% of the marriage and family disputes concluded involved domestic violence. Because domestic violence occurs among family members, the location is relatively private, and the parties have poor awareness of preserving and fixing evidence, which leads to cases of domestic violence that are difficult to prove and judicial identification.
In 2016, in 53 cases of family disputes involving domestic violence in Yuzhong District Court, the parties only raised domestic violence in the form of oral statements, and 41 cases were unable to provide any evidence, accounting for 77.3%. In this case, violence cannot be identified. 12 pieces of evidence materials such as photos, police records, witness testimony or medical records can be provided, accounting for 22.6%. Among the cases that provided evidence of domestic violence, 6 cases could not be identified as violence due to only photos or medical records and the relevance of witness identity, and only 6 cases were finally identified as domestic violence.
Remember the rights hotline 12338.
The Rights Protection Department of the Municipal Women’s Federation stressed that domestic violence is an illegal act, not a housework, so we must say "no" to domestic violence!
The Municipal Women’s Federation suggested that there are several ways to deal with domestic violence: 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.
Victims of domestic violence, their legal representatives and close relatives may also report to the public security organ or bring a lawsuit to the people’s court according to law. You can request the public security organ to give criticism and education to the injurer or issue a warning.
Apply to the people’s court for a personal safety protection order because of domestic violence or the real danger of domestic violence.
For homeless victims of domestic violence, they can apply for asylum at the domestic violence shelter, which will provide temporary life assistance to victims of domestic violence.
Victims of domestic violence can also request trade unions, Communist Youth League, women’s federations, disabled federations, residents’ committees, villagers’ committees, etc. to provide legal education to perpetrators of domestic violence, and psychological counseling if necessary.
In addition, the Municipal Women’s Federation opened the 12338 hotline for women’s rights protection in 2005, covering the whole city in 2010. In 2015, the hotline was upgraded, and its functions were expanded to the hotline for rights protection consultation, psychological consultation and girl whisper. From November 2015 to September 2018, the Municipal Women’s Federation received more than 2,000 calls for help.
(The parties involved in domestic violence are pseudonyms)
laws and regulations
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People’s Republic of China (PRC) Domestic Violence Act
Article 16: If the circumstances of domestic violence are minor, and public security administration punishment is not given according to law, the public security organ shall give criticism and education to the offender or issue a warning.
The warning should include the identity information of the perpetrator, the factual statement of domestic violence, and the prohibition of domestic violence by the perpetrator.
Marriage Law of the People’s Republic of China
Article 43: If domestic violence or ill-treatment of family members is committed, the victim has the right to make a request, and the residents’ committee, villagers’ committee and the unit to which he belongs shall dissuade and mediate.
The victim has the right to make a request for the ongoing domestic violence, and the residents’ committee and villagers’ committee shall dissuade him; The public security organ should stop it.
If the victim makes a request for domestic violence or maltreatment of family members, the public security organ shall impose administrative punishment in accordance with the law on administrative penalties for public security.
People’s Republic of China (PRC) Public Security Administration Punishment Law
Article 43: Whoever beats another person, or intentionally hurts another person’s body, shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Article 45: Anyone who commits one of the following acts shall be detained for not more than five days or given a warning: (1) maltreating a family member, and the abused person requests to deal with it; (2) Abandoning a dependant who is unable to live independently.
Criminal Code of People’s Republic of China (PRC)
Article 234 Whoever intentionally harms another person’s body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Law of People’s Republic of China (PRC) on the Protection of Women’s Rights and Interests
Article 46: Domestic violence against women is prohibited.
The state takes measures to prevent and stop domestic violence. Public security, civil affairs, judicial administration and other departments, as well as urban and rural grassroots mass autonomous organizations and social organizations, shall prevent and stop domestic violence within their respective functions and duties, and provide assistance to women victims according to law.
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What is domestic violence?
Domestic violence refers to physical and mental violations committed by family members by beating, binding, maiming, restricting personal freedom, and frequent abuse and intimidation. The traditional definition of domestic violence refers to the behavior between family members, but with the development of the times, the definition of "family members" seems too narrow, and there are more and more phenomena of cohabitation before marriage and divorce without leaving home in society, and the anti-domestic violence law also has relevant provisions on this. Therefore, violence between non-marital partners can also be implemented with reference to the provisions of the anti-domestic violence law.
Domestic violence is hidden, and many families are "quarreling — Violence — Reconciliation "in the cycle, because in the face of family members with deep feelings, many victims are reluctant to tell outsiders, let alone resort to the law. It is only the tip of the iceberg that domestic violence cases have been discovered and entered the proceedings. Even in the investigated domestic violence cases, most of the victims have actually suffered from long-term violence before the incident, and they have to endure the limit before they speak out.
Yuzhong District Court analyzed the concluded cases involving domestic violence, and found that the forms of violence were diversified, mainly physical violence such as beating, injury and restriction of personal freedom, and showed diversified and compound characteristics.
Most of the victims of domestic violence are women. For the purpose of saving marriage, domestic violence is regarded as a domestic affair. During the marriage relationship, victims often take a tolerant attitude towards domestic violence or respond by "fighting violence with violence". Only when filing a divorce lawsuit, the victim takes domestic violence as the reason for filing for divorce.