What Are the Different Types of Family Therapy for Domestic Violence?

Domestic violence, referred to as domestic violence, refers to acts that occur between family members to physically, psychologically, or sexually harm family members by beating, binding, confinement, mutilation, or other means.

domestic violence

According to relevant international conventions, foreign legislation and generally accepted academic research findings, domestic violence includes four types of physical violence, sexual violence, mental violence and economic control. 1. 1. Physical violence is an act that causes the victim to fear by assaulting or binding the victim, or restricting the victim's personal freedom; 2. Sexual violence is an act of forcing the victim to accept sexual acts in a way that feels humiliating, fearful, or contradictory, or to harm the sexual organs of the victim; Mental violence is the act of insulting, abusing, or neglecting, not treating, or not willing to divorce the victim, and causing the victim to humiliate, fear, or feel worthless, etc. 4 Economic control is to control the victim by strictly controlling the common property of the husband and wife and the state of family income and expenditure to destroy the victim's self-esteem, self-confidence, and self-worth. [5]
Conflict is a great opportunity to promote close relationships
Social psychologists such as Gottman believe that conflict is a fundamental factor in promoting intimacy. When there are differences, there is no better way than arguing hard. The consequences of a bad quarrel can include psychological stress and severe physical injury. Lack of communication skills can lead to a violent escalation of the conflict that ends in violence. Therefore, conflict itself is not the cause of harm. How to confront and respond to conflict is crucial. Don't look at conflict as a worrying issue. Instead, look at it as a challenging opportunity-an opportunity to learn about your partner and yourself, and the strength and intimacy of your relationship.
Use non-attack methods
In marriage conflict, use non-aggressive methods to express our feelings and inform each other. Regroup the accusations of "you" with the message of "me." For example, "How can you step on the ground I just dragged on!", And change it to "You walk on the ground I just dragged on, making me feel angry." "You are really angry Excessive! "To" I feel sad "," You must be doing it on purpose! "To" I feel like I don't get the respect I want. "This expression often prevents further escalation of conflict.
Agree to secretly stop bad emotions
When you realize that the other party s emotions are the mountains and rain are coming to the wind, you can take some countermeasures to ease their emotions. For example, the other party responded unexpectedly, "I suddenly realized that you look special now, you wait, I'll take a camera to help you take a picture." For example, tell the other party that they need to calm down for a while, you You can say: "Now I feel like I don't want to talk, let's calm down with each other, okay?" Or compromise in the way you once agreed. Some couples have agreed, and they say a secret sign if they don't want to argue. I want to eat ice cream now "and so on. [6]

Domestic violence guide

Court Guide, Hearings
Avoiding domestic violence is not very difficult
On August 6, 2008, China's first "personal protection order" was issued by the court of Chong'an District, Wuxi City, Jiangsu Province, based on the application of the victim Chen. The ruling prohibits Xu, the respondent who is a husband, from assaulting and threatening his wife Chen, and for the first time in civil litigation, extended the tentacles of judicial protection of personal safety to the family and before the trial of the case.
On September 24, the Yuelu District Court of Changsha City, Hunan Province issued a "personal protection order" and issued a notice of assistance to the local public security organ, asking the police to supervise the defendant's husband, Huayang (a pseudonym). Once he was found to threaten and beat the plaintiff's wife, Zhang Lifang, (Pseudonym), we must take urgent measures to protect Zhang Lifang's personal safety. The ruling was actively cooperated by the local public security organs.
In less than two months, the Chinese court issued a "personal protection order", throwing a heavy punch to prevent domestic violence, reflecting a major change in the idea of domestic violence in China's national defense-changing ex post punishment into ex ante protection. This change stems from the "Guidelines for the Trial of Cases Involving Domestic Violence in Marriage" issued by the China Institute of Applied Law of the Supreme People's Court in May this year.
The extension of the tentacles of judicial protection of personal safety to the family and before the trial of the case has also brought hope to a large number of victims of domestic violence.
In addition to the provisions of personal safety protection measures, the Trial Guide 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. In the previous divorce cases, only the property punishment measures against the perpetrators were transformed into comprehensive protection of the victim's property and person.
According to the Deputy Director of the China Institute of Applied Law of the Supreme People's Court, the most prominent point of the "Trial Guide" is to clarify concepts and place domestic violence in the social and cultural context. Therefore, considering that the filing of a divorce lawsuit may anger the offender and lead to the victim's "Breaking up violence", the "Trial Guide" stipulated personal safety protection measures, and made comprehensive provisions on the conditions for applying personal safety protection measures, the focus of the review, the content of the ruling, the effective implementation, and the responsibility for violating the ruling.
Aiming at the difficulty of obtaining evidence, the Trial Guide provides for the transfer of burden of proof under certain circumstances. The plaintiff provided evidence to prove the facts of the infringement and the consequences of the injury and identified it as the defendant, and the burden of proof was transferred to the defendant. Although the defendant denies that the violation was committed without evidence, the defendant can be presumed to be the perpetrator and the existence of domestic violence can be determined. The "personal protection orders" appearing in Jiangsu and Hunan were made with reference to the provisions and spirit of the "Trial Guide".
At the same time, the "Trial Guide" stipulates that when the parties concerned give evidence, because the contents of the alarm records are ambiguous, the parties may apply to the court to notify the police of the police at that time to testify in court, allowing the judge to make a comprehensive judgment. You can also ask the court for personal protection. The court may rule on emergency protection for 15 days or long-term protection for 3 to 6 months. The court will supervise the implementation of the ruling, sanction violations of the ruling, and inform the public security organs to remain vigilant. Fulfil protection obligations. If the public security organs fail to perform the necessary protection obligations and cause harm to the applicant, the applicant may sue for their inaction.
There are two other highlights of the Trial Guide: First, it determines the type 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 the victims should be properly taken care of when dividing property, rather than being evenly divided mechanically.
The publication of the Trial Guide has received positive feedback from various quarters. At present, dozens of grassroots, intermediate, and high courts have stated that they will use the guide as an important reference for the trial of related cases, and quote the content of the guide as the important argument in the reasoning part of the judgment.
Strengthening the promotion of mental health knowledge and positively guiding family conflicts can play a positive role in eliminating domestic violence. Because individuals with frequent violent behaviors may have psychological barriers, it is necessary for them to go to a psychiatrist for treatment to avoid more serious consequences. [7]
Anti-domestic violence harmonious marriage "six-character formula"
"Trust, understanding, tolerance" three words, trust comes first.
Trust, trust and dare to entrust, this is the basis of the relationship between husband and wife. Without trust, not only can't guarantee the uniqueness of love, but also can disrupt the psychological balance of the other party, become tired of family life, and have an antipathy towards the lover. As a result, the marriage can only be broken.
Understand and look at the issue from the other side. Each person's hobbies are different, as far as possible to meet each other's psychological needs and provide convenience to each other. Otherwise, the feeling of loss will spontaneously arise, and dissatisfaction, annoyance, and resentment will follow, leading to various discordant factors.
Tolerant, generous and generous. People are not sages, and you can't pass them. Sometimes you may wish to close one eye. Human self-esteem has existed since childhood, and once it is damaged, it will be painful. If respected, it will be comforting and satisfying. Any rebuke or contempt of degrading a lover will damage the other's self-esteem.

Liability for domestic violence

Liability for domestic violence
According to the explanation, domestic violence refers to behaviors in which the perpetrator caused certain harm to the physical and mental aspects of family members by beating, binding, mutilating, forcing restrictions on personal freedom or other means. Domestic violence is an illegal act that violates human rights and endangers the society. Those who commit such acts shall bear the corresponding legal liabilities according to law.
1. Civil liability. According to the New Marriage Law, domestic violence is one of the legal grounds for divorce, and victims can demand that the perpetrators of domestic violence bear civil liability for damages.
2. Administrative legal responsibility. According to the regulations on penalties for public security management, the implementation of domestic violence has not constituted a crime and can be punished with a detention of less than 15 days, a fine of less than 200 yuan or a warning.
3. Criminal liability. Severe domestic violence will constitute crimes of violent interference in the freedom of marriage, crime of abuse, intentional injury, intentional homicide, insult, etc. in criminal law. Among them, the perpetrators of domestic violence often physically, mentally and physically tortured and tortured family members who live together in the same way by beating, binding, freezing, starving, forcing extra-physical labor, and restricting freedom. Shall be sentenced to fixed-term imprisonment of not more than 2 years, detention or control; if the victim is seriously injured or killed, the imprisonment shall be not less than 2 years and not more than 7 years.
The perpetrators of domestic violence use violence to blatantly degrade the personality of other family members, destroy their reputation, and if the circumstances are serious, it constitutes a crime of insult, and shall be punished with imprisonment of less than 3 years, control or deprivation of political rights. The perpetrator of domestic violence who intentionally and illegally damages the health of another person constitutes the crime of intentional injury. If serious injuries result in severe disability or death, the death penalty may be imposed according to the criminal law.
According to laws and regulations, those who use violence to interfere with the freedom of marriage and divorce of family members also violate the criminal law and constitute the crime of violent interference with freedom of marriage.

Domestic violence law

Outline for the Development of Chinese Women
The Party Central Committee and the State Council have always attached great importance to the work of protecting the legitimate rights and interests of women and children. In 1995, the State Council issued the "Outline of Chinese Women's Development (1995-2000)", which outlines one of the specific development goals of Chinese women in the next five years: "Effectively curb violence against women and abduction, criminal acts of trafficking in women and prostitution Illegal activities. "The outline states:" Protect women's equal status in the family according to law and resolutely stop domestic violence. "
Marriage law
At the level of basic national laws, the Amendment to the Marriage Law passed by the Ninth National People's Congress on April 28, 2001, for the first time provided for domestic violence. The Marriage Law regulates the prevention and treatment of domestic violence from the following four aspects:
1. In the General Principles, "prohibition of domestic violence" (Article 3) is promoted as a basic principle. This principle is the embodiment of the constitutional principle of the protection of marriage, family, mothers and children by the state, and also provides a legal basis for the formulation of local laws and regulations against domestic violence.
2. Among the legal reasons for adjudicating divorce, the spouse implementing domestic violence or abusing and abandoning family members is used as one of the legal reasons for the divorce to be granted by the court for divorce cases where the relationship between the spouse has indeed broken down and mediation is invalid 32
Refuse domestic violence to build a harmonious home
Article 2 (2)).
3. In the chapter on rescue measures and legal liability, the rescue measures for the victims of domestic violence and the civil legal liability of the perpetrators are stipulated (Articles 43, 44 and 46). For example, Article 46 provides that if the spouse is divorced as a result of domestic violence or the abuse or abandonment of a family member, the party without fault is entitled to claim compensation.
Domestic violence and divorce compensation
Article 46 of the Marriage Law of the People's Republic of China stipulates that: "One of the following circumstances leads to divorce, and the party without fault is entitled to claim damages: (1) bigamy; (2) spouse cohabiting with others; (3) ) Those who committed domestic violence; (4) those who abused or abandoned family members. "At the same time, Article 28 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of the <Marriage Law of the People's Republic of China> (1) provides: 'Damage compensation' includes material damages and moral damages. "Therefore, according to the law, a divorced woman who has been subjected to domestic violence can not only request material damages but also moral damages.
Legislative status
1. China has signed international conventions such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. It is a country that has promised international documents such as the Beijing Declaration and Programme of Action, and has solemnly promised effective measures to the world. To stop domestic violence and protect the rights and interests of all vulnerable groups such as women, children and the elderly.
2. National legislation:
(1) The provisions of the Constitution on protecting the rights of citizens and equality between men and women are the legislative basis for anti-domestic violence in China.
(2) The Law on the Protection of Women's Rights and Interests clearly stipulates that women enjoy equal rights with men in political, economic, cultural, social and family life. Although the concept of "domestic violence" is not used, the entire law has always penetrated the spirit of opposing all forms of violence against women, including domestic violence, and protecting the rights and interests of women (General Principles, Articles 33-35, 40-42)
(3) The relevant provisions of the Law on the Protection of Minors reflect the spirit of prohibiting domestic violence against minors and protecting the rights and interests of minors (General Provisions, Chapter II, Articles 47 and 52)
(4) Civil law, as a law that regulates property relations and personal relations between equal subjects, plays an important role in preventing and suppressing domestic violence.
The General Principles of Civil Law stipulate the protection of citizens' right to life and health, reputation, and freedom of marriage (Articles 98, 101, 103), and provide corresponding forms of tort liability (Article 134).
The Marriage Law is the first law in China that explicitly stipulates "prohibition of domestic violence". It provides rescue measures for victims of domestic violence: victims have the right to seek assistance from residents 'committees, villagers' committees, units and public security agencies (Article 43); corresponding agencies should take rescue measures at the request of victims; If a crime is committed, the judicial organ shall hold criminal liability in accordance with the law (Articles 43 and 45). Provision of domestic violence is one of the statutory circumstances for divorce to be granted by the court (art. 32), and it is provided that if a divorce is caused by domestic violence, the victim has the right to claim damages (art. 46).
The inheritance law stipulates that domestic violence may cause the loss of the right to inheritance: "deliberately killing the heirs", "killing other heirs to fight for the inheritance", "abandoning the heirs or seriously abusing the heirs", the right to inheritance is lost (Article 7 ).
(5) The criminal law constitutes domestic violence through the provisions and crimes of homicide, injury, rape, insult, illegal detention, trafficking in women and children, violence in the marriage of others, abuse, abandonment, etc. Offenders are punished (arts. 232-238, 240, 246, 257, 260, 261).
(6) The administrative law passed provisions for administrative penalties and administrative divisions prohibiting domestic violence. For example, the regulations on public security management punishment for infringing on the personal rights of others are not enough for criminal punishment, such as "beating others, causing minor injuries", "illegally restricting the personal freedom of others", "ill-treatment of family members, and treatment of abused persons", etc. Detention, fine or warning (art. 22).
(7) Procedural law, including criminal procedure law, civil procedure law, and administrative procedure law, stipulates the ways for victims of domestic violence to seek judicial relief: the civil liability of the perpetrator is investigated through civil procedures; if a crime is constituted, the criminal procedure shall be followed If a prosecution is filed, or the teller is notified, the judicial organ shall investigate the criminal responsibility of the perpetrator in accordance with legal procedures; if the public security organ fails to perform the duties of suppressing or punishing domestic violence in accordance with the law, the victim may require it to perform and compensate in accordance with the provisions of the Administrative Procedure Law Corresponding loss.
3 Local regulations: Since the promulgation and implementation of the Women's Rights and Interests Protection Law, 31 provinces, autonomous regions, and municipalities across the country have successively introduced implementation measures to ensure the implementation of the Women's Rights and Interests Protection Law. As of July 2003, the People's Congresses of seven provinces and autonomous regions, including Hunan, Sichuan, Ningxia, Jiangxi, Shaanxi, Hubei, and Heilongjiang, have passed the Resolution on Preventing and Stopping Domestic Violence.
Anti-domestic violence advocacy
And other local regulations that specifically combat domestic violence.
4 The main legal provisions are as follows:
Law of the People's Republic of China on the Protection of Women's Rights and Interests (Amended in 2005)
Article 46: "Prohibition of domestic violence against women.
"The State takes measures to prevent and stop domestic violence.
"Public security, civil affairs, judicial administration, etc., as well as urban and rural grassroots mass autonomous organizations and social organizations, shall, within their respective responsibilities, prevent and stop domestic violence and provide assistance to women victims in accordance with the law."
Article 58: "If, in violation of the provisions of this Law, sexual harassment or domestic violence against women constitutes a violation of public security management, the victim may request the public security organ to impose administrative penalties on the offender in accordance with the law, or file a civil lawsuit with the people's court litigation."
Law of the People's Republic of China on the Protection of Minors
Article 10 Parents or other guardians shall create a good and harmonious family environment and perform guardianship duties and support obligations for minors in accordance with law.
Domestic violence against minors, abuse, abandonment of minors, infanticide and other cruelty to children are prohibited, and discrimination against female minors or disabled minors is prohibited.
"Marriage Law of People's Republic of China"
Article 3, paragraph 2: "Prohibition of bigamy. It is forbidden for a spouse to live with others. It is forbidden to domestic violence. It is prohibited to abuse and abandon between family members."
Article 32: "In one of the following circumstances, if mediation is invalid, a divorce shall be granted:
(1) Those who are bigamy or have a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(3) Those who have repeatedly taught bad habits such as gambling and drug use;
(4) Separated for two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files a divorce proceeding, divorce shall be granted. "
Article 43: "If a person commits domestic violence or abuses a family member, the victim has the right to make a request, and the residents 'committee, villagers' committee, and the unit to which he belongs shall discourage and mediate.
Victims of domestic violence that are being committed have the right to request, and residents committees and villagers' committees should discourage them; public security agencies should stop them.
In the case of domestic violence or abuse of family members, if the victim requests it, the public security organ shall impose administrative penalties in accordance with the laws and regulations on public security management penalties. "
Article 45: "If the case of bigamy constitutes a crime against the practice of domestic violence or ill-treatment, or abandonment of a family member, criminal responsibility shall be investigated in accordance with the law. The victim may file a private prosecution in a people's court in accordance with relevant provisions of the Criminal Procedure Law; For investigation, the people's procuratorate shall file a public prosecution according to law. "
Article 46: "A party without fault is entitled to claim damages if one of the following circumstances leads to divorce:
(1) Bigamy;
(2) Those who have a spouse living with others;
(3) committing domestic violence;
(4) Those who abused or abandoned family members. "
Interpretation of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China (I)
Article 1: "The" domestic violence "referred to in Articles 3, 32, 43, 45, and 46 of the Marriage Law means that the perpetrator beats, binds, The act of mutilating, forcing restrictions on personal freedom or other means to cause certain harm to the physical, mental and other aspects of family members. Continuous and frequent domestic violence constitutes abuse. "
Guiding Opinions of the Supreme People's Court on Implementing 23 Specific Measures for Justice for the People
19. Strengthen the protection of the personal rights of women and children, and try criminal and civil cases caused by domestic violence in accordance with the law
People's courts at all levels must give full play to their judicial functions, and increase the crackdown and punishment on crimes against women's and children's legal rights and interests caused by domestic violence. It is necessary to promptly accept civil cases of marriage and family caused by domestic violence to prevent the intensification of conflicts and disputes. In the trial of civil cases involving marriage and family, maintenance, inheritance, maintenance, support, adoption, etc., the lawful rights and interests of the victims of domestic violence must be fully protected and taken care of in accordance with law.
Work measures
The Chinese government has always attached great importance to the protection of women's rights and interests, and believes that eliminating all forms of violence against women is not only a need to consolidate and counteract China's stability and solidarity, but also a need to protect women's human rights and improve their status. In order to effectively protect women's personal rights and achieve equality between men and women in various fields, in recent years, the Chinese government has adopted a series of measures in anti-domestic violence, actively mobilizing the whole society and encouraging multi-sector cooperation to jointly oppose domestic violence, including:
1. Establish special government agencies to protect the rights and interests of women and children. The State Council of China and 31 provinces, autonomous regions, and municipalities across the country have established working committees for women and children, with offices located at women's federations at the same level. 2. Establish a multi-sector coordinating and deliberative body to cooperate to safeguard the rights and interests of women and children. In November 2001, the All-China Women's Federation, the Central Propaganda Department, the Central Political and Legal Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, the Ministry of Civil Affairs, the Ministry of Labor and Social Security, the Ministry of Agriculture, the Ministry of Culture, the Ministry of Health, the State Family Planning 14 departments including the State Council and the State Administration for Industry and Commerce established a national coordination group for the protection of women's and children's rights. As of July 2003, more than 300 provinces and more than 300 prefecture-level cities have established similar rights protection coordination agencies composed of government agencies, judicial organs and women's federations.
3 Establishing domestic violence complaint acceptance agencies in public security organs: Most provinces in China have established "110" anti-domestic violence alarm centers, or set up complaint stations for rights protection in police stations and community police offices.
4 Establish court special jury system: Many provinces' courts have invited women's federation human rights defenders to serve as jurors to hear cases that violate women's rights, including domestic violence.
5. Establishing women's legal aid institutions: More than 10 provinces have set up women's legal aid stations in legal aid centers set up by judicial administrative organs, and more studios are located at women's federations at the same level.
6. Establish domestic violence disability identification centers and shelters. Domestic violence disability identification centers have been established in more than 20 provinces across the country; shelters have been established in more than 10 provinces.
7. Give full play to the advantages of women's organizations in combating domestic violence. The All-China Women's Federation is the largest women's mass organization in China. According to the national administrative divisions, there are six levels of organizations from the All-China Women's Federation to the Village Women's Congress, including more than 40,000 rights defenders. It aims at representing and protecting women's rights and interests, and promoting equality between men and women. It has a wide range of social influences. It promotes the establishment and improvement of the above-mentioned anti-domestic violence institutions and systems, and promotes the formation and development of China's anti-domestic violence social work pattern Played a very important role. At the same time, it also actively participates in and promotes the formulation and improvement of relevant laws, regulations, and policies; participates in law enforcement inspections; conducts publicity and education on the rule of law for women; accepts complaints about women's rights and interests, and coordinates relevant departments to resolve major infringement cases; Provide legal services directly to women; carry out international project cooperation, and effectively promote China's anti-domestic violence work.
Prevent and stop domestic violence
Domestic violence has seriously infringed upon the victim's physical, health, personality, liberty, and even life rights, and these basic rights are the minimum human rights that a person should enjoy. Not only that, suicide and homicide caused by domestic violence have seriously affected the stability and security of society and hindered the construction of a harmonious socialist society. Domestic violence has become an important threat to the happiness of modern marriages and families and hinders social progress. How to effectively prevent and prohibit domestic violence and protect the legitimate rights and interests of women, children, and the elderly is a question that we should consider and must consider. The solution to the problem of domestic violence is a complex and systematic project. It cannot be solved by any department or individual, nor can it be solved within a short period of time. It will only follow the development of society, the improvement of social civilization and the quality of citizens. Improvement and gradual improvement require the joint efforts of the whole society, and our government departments, legislative and judicial departments have a very important responsibility. The author believes that, as far as domestic violence is concerned, we can make efforts in at least the following aspects.
1. Legislation. There should be an Anti-Domestic Violence Act. As mentioned earlier, although the current "Marriage Law" and other laws in China have provisions on prohibiting domestic violence, most of them are principled and spiritual provisions, and they are not very operable. In addition, society and the victims themselves have committed domestic violence. Tolerance and indulgence make people insufficient to realize the seriousness and harmfulness of domestic violence. China should establish a special legal system on domestic violence as soon as possible, and formulate an "Anti-Domestic Violence Law", which stipulates various aspects of domestic violence-related issues. For example, it can be clearly the responsibility of the entire society, especially the government, to prevent and punish domestic violence. Determine the jurisdiction, division of labor, and handling procedures of violence cases by public security organs, procuratorial organs, and judicial organs; clearly investigate the responsibilities of those who do not perform relevant duties, and provide evidence. In fact, in response to the widespread and growing severity of domestic violence, many countries have developed special domestic violence laws. For example, the New Zealand Parliament passed the Domestic Violence Bill in December 1995.
Publicity on prevention and suppression of domestic violence
To comprehensively adjust the issue of domestic violence; the United Kingdom introduced the Domestic Violence Act in 1994; Singapore also has special legislation on this; in Taiwan, China, the Domestic Violence Prevention Act was also passed in 1998, covering criminal, civil, domestic and There are various perspectives of prevention and treatment services to tackle the problem of domestic violence. It can be seen that many countries attach different degrees to domestic violence. The author believes that calling on China to establish a special "Anti-Domestic Violence Law" is not a blind imitation of other countries' legislation regardless of China's actual situation. China's current legal regulations on domestic violence are indeed weak, and domestic violence is becoming more and more serious in China. The harm and negative impact of family and society are obvious. We should perfect it in legislation, and the establishment of a special law and regulation system should be the best choice.
2. Establish a comprehensive social system to prevent domestic violence. Any problem cannot be solved by law alone, and corresponding supporting measures must be provided. We must encourage and advocate social forces to monitor and prosecute all kinds of domestic violence, and any organization or individual has the right and obligation to discourage, stop, and lodge complaints with the relevant departments. It is the common responsibility of state organs, social groups, enterprises, institutions and other organizations to form such a concept that preventing and stopping illegal and criminal acts in the field of marriage and family and effectively protecting citizens' personal and democratic rights. At the same time, we must establish a multi-level and multi-agency social support system: give full play to the mediation role of grassroots neighborhood committees and other organizations; emphasize the role of law enforcement agencies in timely intervention and effectively stop them; establish social assistance agencies similar to foreign women's shelters to help victims People get rid of domestic violence in a timely manner. In fact, in the face of domestic violence, relevant departments in various parts of the country have carried out related work to varying degrees to effectively curb it, reflecting the importance attached by the government and society to this issue. As far as Jiangsu Province is concerned, for example, in 2003, the Xuzhou Women's Federation and the Civil Affairs Bureau jointly established a domestic violence shelter. The Public Security Bureau of Nantong City and the Women's Federation of China jointly issued the "Code of Practice against Police Complaints against Domestic Violence" in 2006.
Work responsibilities, systems, principles, and procedures for domestic violence alarm complaints are clearly defined. Rugao City has set up 28 stations for the prevention and suppression of domestic violence and 122 complaints and reports, which truly implements various tasks to prevent and stop domestic violence. The Zhenjiang Women's Federation and the Municipal Judicial Bureau set up a domestic violence injury identification center at the Forensic Laboratory of the Medical College of Jiangsu University. The Women's Federation of Suzhou City launched a demonstration activity of Zero Domestic Violence Communities in the city. Changshu City issued the Work Requirements for the Prevention and Suppression of Domestic Violence and established a rapid response mechanism against domestic violence. The measures of the above departments show that our society and the government are really concerned about domestic violence, and the society is forming a joint effort to combat domestic violence with practical actions.
3. Strengthen moral publicity and education, improve the quality of the whole people, and create a good socialist family atmosphere. The power of the media and public opinion is powerful. We cannot ignore the propaganda role of the media. We should use the power of public opinion to make the unethical people condemned by public opinion, advocate good morals of marriage, and make the concept of anti-domestic violence popular. Reverse many people's previous misconceptions, and then actively resist violence; at the same time, publicize laws and regulations on domestic violence, so that more people know and use legal means to protect their rights and interests. In addition, women and children, the main victims of domestic violence, are educated through various channels, so that they can truly stand on their own esteem, self-esteem, and self-reliance, recognize and dare to defend their rights, and dare to say no to domestic violence.

Domestic violence prosecution

Domestic violence suing divorce process
First, write a divorce complaint
(1) State the basic information of the defendant and the plaintiff at the beginning, specifically referring to name, gender, date of birth, nationality and place of residence;
(2) State the request for litigation. Generally, the following aspects will be involved in the prosecution of divorce: 1. Asking the court to decide on divorce; 2. Questions about the maintenance of children, including who will raise them, the amount of maintenance fees, and visits to children Time and method, etc .; 3. requests regarding the division of property;
(3) Write down the facts and reasons, summarizing when the two parties got married, when they had children, and why they divorced.
(4) The name and date of the person in person.
The divorce complaint can be in written form or oral form. If the case is filed orally in the court, the court will make a record, which requires the suitor's signature or seal.
Second, the evidence needed to prepare the lawsuit
The evidence mentioned here mainly refers to evidence of domestic violence, marriage certificate,
The 25th meeting of the 11th NPC Standing Committee [8]
Original and photocopy of the certificate, child's household registration or birth certificate, evidence of related property, including original and photocopy of real estate certificate, etc.
Third, take two copies of the previously prepared indictment, two originals and photocopies of the evidence, and file a lawsuit in the court where the defendant's domicile is located or where both parties have lived for more than one year, and go to the filing court for relevant procedures.
Fourth, the filing court examines whether to accept the divorce case, and pays litigation costs and notices of returning home.
Fifth, after the court accepted the divorce case, it would serve a copy of the bill of complaint, evidence and other materials to the other party within the legal time. The court arranges a hearing and sends summonses to both parties.
Sixth, divorce mediation is a necessary procedure prescribed by law, so if the other party agrees to divorce, the court will organize the parties to conduct divorce mediation, or it may be organized before the court, or they may first ask the parties if they are willing to mediate. If the mediation is successful, a civil mediation letter shall be issued. If you do not agree with the divorce or the mediation is unsuccessful, the trial will continue.
Seventh, at the beginning of the court, both parties can appoint lawyers or other agents, and the court will decide whether to grant divorce based on the evidence and litigation requests provided by the two parties, and make judgments on child support and property division. At this time, the court may decide to divorce or not to divorce. Generally, for the first time the divorce is filed, the defendant does not agree with the divorce, and the court will decide not to divorce.

Domestic violence policy

Since 2008, the All-China Women's Federation has been advising the National People's Congress for five consecutive years, formulating a comprehensive anti-domestic violence law in the social field of the country, and special laws including measures for the prevention, suppression, rescue, education and correction of domestic violence. . But for several years, the anti-domestic violence legislation process has been hindered by traditional social concepts such as "domestic violence is a private matter within the family," and progress has been slow. Against the background that the national anti-domestic violence law has not been formulated, from 2000 to the present, 28 provinces, autonomous regions, and municipalities, including Hunan, have issued special anti-domestic violence laws or policies. [8]
On March 4, 2015, the four departments of the Public Prosecution Law Department jointly issued a clear opinion on handling domestic violence crime cases in accordance with the law. The implementation of domestic violence has a subjective hope, or let the victim be seriously injured or killed. The weapon is used for violence, and the means are cruel and strong. Those who directly or immediately cause serious injury or death to the victim shall be convicted and punished for intentional injury or intentional homicide. [9]

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