We use keywords every day to recommend to you the most timely news information, the most important hot events, and the most memorable people and things. It was learned that the couple had a conflict over their children's education, and the husband beat his wife in a rage.

source: Junction News client

Starting from July 23, Junction News will open the "Home Page Highlights" column. We use keywords every day to recommend to you the most timely news information, the most important hot events, and the most memorable people and things. Today, the keyword we recommend is anti-domestic violence.

On July 12, a fierce quarrel broke out among the residents of a building in Tianyuan City, Nanjing Municipal Government. The patrolman who was patrolling found out and came to inquire. He found that the hostess’s face was bleeding and her feet were scratched by broken porcelain shards on the floor. It was learned that the couple had a conflict over their children's education, and the husband beat his wife in a rage. After receiving the report from the grid member, the community, the police and the Women's Federation jointly intervened through the Nanjing Jiangning District Anti-Domestic Violence Information Platform. The police also issued a "domestic violence warning" to the male host. At this time, the victimized hostess was worried about whether the warning letter would have an impact on the child's future...

This case not only reflects Jiangsu's new ideas for anti-domestic violence detection and treatment, but also shows the concealment, complexity and special harm of domestic violence. case. Under the traditional thinking that "honest officials cannot resolve household affairs", how can public power intervene and provide relief? The Standing Committee of the Provincial People's Congress recently conducted a research on the legislation of Jiangsu Province's Anti-Domestic Violence Regulations.

Emotional violence and cumulative violence should receive more attention

A survey on the social status of Chinese women organized by the All-China Women's Federation and the National Bureau of Statistics is conducted every 10 years. The results of the third survey released in 2011 showed that 24.7% of women in our country have suffered experienced different forms of domestic violence. Ten years have passed, and today’s understanding of forms of domestic violence has greatly expanded beyond physical violence. Wu Yingting, director of Shanghai Huiye (Wuxi) Law Firm, who has been engaged in handling marriage and family cases for a long time, told reporters that at present, violent verbal conflicts and emotional cold wars between couples have become new forms of domestic violence. Wu Yingting is dealing with a divorce case in which the two parties are separated. The man has been emotionally unstable and often threatens the woman verbally. The woman couldn't bear it anymore and has now left her job and taken refuge in another place, waiting for the court hearing. In another case, the woman suffered from domestic violence for a long time but tolerated it. Once she was beaten until half of her face was swollen, she decided to choose legal means to protect her personal safety. Wu Yingting applied for a personal protection order for the woman, but the court failed to approve it for various reasons. Later, when the woman filed for divorce, the man harassed the woman and her parents by phone many times, causing adverse effects in her workplace. "The mental torture caused by this kind of verbal cold violence is no less than physical harm." Wu Yingting said.

"Actually, physical violence and even mental intimidation are forms of domestic violence." Sun Tao, a partner at Guoco Law Firm (Nanjing), said that my country's Anti-Domestic Violence Law clearly stipulates that domestic violence refers to violence between family members. Physical, mental and other infringements are carried out by beating, binding, mutilating, restricting personal freedom, regular verbal abuse, and intimidation. But he also admitted that in fact, the courts are more cautious in ruling in this regard, and the identification standards are relatively strict. In some places, old concepts are still used. For example, domestic violence must be sustained, long-term, and repeated multiple times. The Criminal Science and Technology Research Institute of the Criminal Investigation Bureau of the Nanjing Municipal Public Security Bureau once received a request for identification of a domestic violence case involving a minor. The reporter saw that in the photo, the child was beaten with bruises all over his body and was miserable to look at. However, the perpetrator's lawyer pointed out that the cumulative contusion area of ​​the child's body surface was 9%, which was less than a minor injury. After forensic scientific design, statistics show that the victim's contusion area exceeded 10% of the body surface area, so that the perpetrator could not escape criminal responsibility.

While doing such rigorous and meticulous work, it is still necessary to do some reflection - what if the appraisal result is 9%? In reality, although some acts of domestic violence cannot be considered illegal crimes once, repeated and long-term violations can cause very serious harm to the victims. Based on law enforcement practice, Zhang Yong, deputy director of the Nanjing Municipal Public Security Bureau, feels that there are no supporting legal measures and regulations on how to deal with situations where warnings are repeatedly violated but do not meet specific punishment standards. He suggested that the specific circumstances of "minor circumstances" could be further limited by considering factors such as the frequency of domestic violence, the consequences of the violence, and the target of the violence.

What should be the scope of domestic violence in intimate relationships?

With the improvement of social civilization, the definition of domestic violence should not stay at the traditional understanding. This is the consensus of all parties involved in the reporter's interview. Some areas with pioneering local legislation against domestic violence have also greatly expanded the thinking of victims of domestic violence. For example, the "Guangdong Province Implementation Measures" implemented in October 2020 clearly clarifies that minors who witness domestic violence are victims of domestic violence. The definition of domestic violence is closely related to the relationship between the perpetrator and the victim. The intimate relationship is in the past tense and there is no blood relationship. The parties have different opinions on whether the violence between them is considered domestic violence.

Wang Yan, an anti-domestic violence expert and associate professor at Jiangsu Police College who has been engaged in anti-domestic violence work since 2012, said: "Developed countries such as the United States, the United Kingdom, and Canada define domestic violence based on intimate relationships. Intimate relationships, such as having been in love, and then If violence occurs, it is also considered domestic violence in these countries; if you continue to stalk and harass you after divorce, making you uneasy and unable to remarry, it is also considered domestic violence according to the current standards of these countries." Provincial People's Congress Representative, Nanjing Public Security Bureau Cao Yuli, general manager of Transportation (Group) Co., Ltd., visited and surveyed many sub-districts and communities in Nanjing and found another special situation - grassroots women's federations sometimes encountered domestic violence victims who "did not leave home after divorce" due to housing reasons. "One party passed the Violence, coercion, humiliation and other means of torture are used to cause the victim to fear humiliation in order to achieve the purpose of driving the victim away."

In our country’s anti-domestic violence law, family members are based on in-laws and blood relatives, but in court trial practice, it is indeed extended to include people living together. Liu Bin, deputy director of the Nanjing Qinhuai District Court, believes that if divorced couples and parties who have terminated their cohabitation relationship are further included in the scope of protection, the protective power may be weakened. "In the process of refereeing practice, taking into account the issue of family repair, in the case of the same injury, the intensity of punishment may be lower than the enforcement of the Public Security Punishment Law and the Criminal Law. A family is disbanded because of the court's first-instance judgment. This is what we don’t want to see.” Yao Zhenglu, chairman of the Legislative Affairs Committee of the Nanjing Municipal People’s Congress, also believes that domestic violence should be clearly limited to the family. He analyzed that independent individuals who have separated from family relationships are subject to generally applicable laws such as the Public Security Punishment Law or Criminal Law for adjustment. If these independent individuals are subject to family-wide laws, they may appear "too soft" and expanding the scope will not be conducive to the original intention of protection. .

prevents hidden domestic violence, how to detect it as soon as possible?

The biggest difference between domestic violence and other forms of violence lies in its strong concealment. For example, the perpetrators of violence are often unexpected. Cao Yuli found in her research that some of the perpetrators of domestic violence are senior intellectuals or even professors, and some are very successful entrepreneurs. At the same time, influenced by outdated traditional concepts, as well as worries, fears, and hopes that the perpetrators will change, many victims choose to be the "silent majority." At the Jiangning District Public Legal Service Center, Haixia Studio lawyer Wang Haixia told reporters that among the legal and litigation cases she handles, divorce cases are the most common, and domestic violence cases are relatively rare. “Victims do not want the court or the public security department to intervene, and often want to Let the Women's Federation come to persuade you."

is unwilling to take the initiative to report, so the relevant departments need to take the initiative to take a step forward. Tianjingshan Community is the site of the largest demolition, reconstruction and resettlement housing in Nanjing. There are about 61,000 women and children among the 100,000 population. Protecting their legitimate rights and interests is the top priority of Li Lin, a female police officer in the area. Li Lin also serves as an executive committee member of the Women's Federation. Together with the female auxiliary police officers and female grid members who are also executive committee members, she pays attention to clues about domestic violence during double grid patrols every day. In 2020 alone, she has intervened in the community. 27 cases of domestic violence were reported, and "Domestic Violence Warning Letters" were issued to 3 of the households, and they were followed up and visited for a long time. "After receiving the clues, we will enter the house in time without waiting; we will conduct the first return visit within 3-7 days, and return visits after 1 month, 3 months, and 6 months. We will determine whether to follow up later depending on the situation."

Proactive Door-to-door visits can inspire victims to become aware of their rights.In early October last year, Xu Chao, a community grid member in Jiangning District, Nanjing, discovered a fierce quarrel in a certain household during an inspection. He visited the house and confirmed that it was a domestic violence incident, and immediately handed it over to the local Women's Federation for intervention. The chairman of the Women's Federation came to mediate many times and reminded the victim to call the police if domestic violence occurs again. In January this year, the victim was domestically abused again and immediately called the police. Early intervention is more likely to help avoid escalation of the situation. Domestic violence police data from the Jiangning District Comprehensive Treatment Center since last year show that the vast majority of people deny being subjected to domestic violence again, and most families have returned to peace. Wu Huiying, chairman of the Women's Federation of Nanjing Jiangbei New District, also confirmed that some cases show that grid workers intervened in advance through signs such as making noises during inspections and sweeping buildings, and discovered domestic violence early, and were able to coordinate and resolve conflicts in the bud. Mandatory reporting systems are also a good way to nip problems in the bud. On April 2, 2015, the High-tech Branch of the Nanjing Municipal Public Security Bureau received a report from a teacher at a school in its jurisdiction, saying that a 9-year-old student in the school had multiple superficial injuries, which were suspected to have been caused by being beaten by his adoptive mother. This shows that educational institutions, medical institutions, social work service institutions, rescue management institutions, welfare institutions, people's mediation organizations and other units and staff all shoulder their responsibilities, which will help detect domestic violence as soon as possible.

"In our many years of working in grassroots kindergartens, we have also encountered domestic violence between teachers and children. We have also intervened and intervened as soon as possible, and played a very good role in mediating and improving." Nationwide Jiang Yuxia, a deputy to the National People's Congress and director of Xiaguang Kindergarten in Pukou District, Nanjing, believes that mandatory reporting is necessary. If it is included in the performance evaluation of individuals or units, and a certificate is issued by the public security agency, through incentives, it may be possible to further promote the mandatory reporting without omissions. Tang Liangjun, deputy director of the Moling Street People's Congress of Nanjing City, suggested that the legal liability of units and individuals who do not report could be stipulated, "so that we can be more proactive in protecting victims who are unable to receive assistance because they are young or are intimidated or coerced."

Putting prevention first, forging legal weapons against domestic violence

Putting prevention first and moving the gateway forward is an important principle of social management. Early intervention is also considered to be the focus of preventing domestic violence. In 2017, Wang Yan and the Provincial Women's Federation conducted a questionnaire survey at the Nanjing Women's Prison in Jiangsu Province. It showed that domestic violence initially starts with a dispute. "Generally, the duration is from 8 months to more than two years. That is to say, if we take Domestic violence is preventable if prevention efforts are done well.”

big data is conducive to breaking through the veil of concealment of domestic violence and achieving preventive intervention. In 2020, nine departments in Changzhou jointly relied on the social governance big data platform to jointly establish the "Happy e-Home" marriage and family smart governance data platform, which has better achieved timely research and judgment, graded handling, follow-up visits, and precise intervention of domestic violence cases. Zhang Tong, chairman of the Provincial Women's Federation, said that she is very much looking forward to the next digital upgrade in the province's anti-domestic violence work, "to achieve domestic violence police data from the police, family dispute data from the courts, grid family data from politics and law, divorce data from civil affairs, etc." Information is shared in a timely manner to break some information misleading and prevention blind spots, and provide scientific and technological support for the work."

Prevention requires systematic design of targeted measures. In law enforcement practice, when relevant parties actively intervene, some victims are not very cooperative. "Some are unwilling to cooperate with police investigations out of considerations of maintaining the relationship between husband and wife and family. Take our Ninghai Road Police Station as an example. In the first half of this year, we handled 19 domestic violence cases. The woman generally asked the police to only respond to the beating. Witness it, and in most cases they do not cooperate with the police in investigating and collecting evidence." Zhang Yong said that some victims are worried that the perpetrator will leave a criminal record after being dealt with by the police, which will affect their children's further education and employment in the future, so they often choose not to pursue legal action against the other party. responsibility. He suggested that criminal records of domestic violence against immediate family members should not be included in the policy review of children.

Prevention also requires strengthening targeted anti-domestic violence education.Pu Zhenhong, mediator of the People's Mediation Committee of Hongshan Street, Xinwu District, Wuxi City, reflected that some women did not even know they had suffered domestic violence when they were violated, and they did not know how to take legal and reasonable ways and means to protect their rights; some women had no financial income and were unable to pay for the lawsuit. Some of them knew nothing about the legal service fees, the procedures, processes, and precautions of the litigation, which caused actual litigation difficulties. "To fundamentally eliminate domestic violence, we need to incorporate anti-domestic violence education into family education, educate people to ideologically agree that domestic violence is illegal, and play a role in publicity, dissuasion, and stopping in the family." Zhang Yong suggested that anti-domestic violence propaganda should Focusing on rural areas, urban-rural fringes, and women and minors, "make them dare to take up legal weapons and safeguard their own rights and interests."

html Over the past decade, Jiangsu has forged many legal weapons to combat domestic violence. In 2012, Jiangsu was the first domestic violence warning system in the country and has continued to improve it. On the first day of the implementation of the anti-domestic violence law in 2016, the Jiangsu Provincial Court issued the country's first "habeas corpus order". “The Anti-Domestic Violence Law was implemented on March 1, 2016. Since then, the Qinhuai District Court has accepted a total of 73 applications for habeas corpus and issued 38 of them. Only one of them was a habeas corpus order issued by the court. After that, the perpetrator committed related domestic violence, and the effect was relatively good." While affirming the protection order, Liu Bin also suggested that "the respondent be prohibited from engaging in activities in the applicant's residence, school, workplace and other places. "Based on this, detailed "distance prohibitions" are set up that prohibit the perpetrator from entering a certain range of the victim, "for example, prohibiting the perpetrator from entering the victim's living room, prohibiting the perpetrator from going within 500 meters of the victim's school or workplace, etc."

Although the "habeas corpus" effect is good, it is currently issued with more caution. Some legal workers believe that the law should prevent the greatest risks. If the parties provide preliminary evidence such as photos of injuries, medical records, and police records, the court should directly issue a habeas corpus order. Wu Yingting suggested that local legislation should be accompanied by implementation details to inform the victim of what conditions he meets and what evidence he provides before the court can issue a habeas corpus order to protect his safety to the greatest extent. Sun Tao suggested that the court should expand the scope of habeas corpus rulings and increase the number of issuances. Improve the delivery efficiency and create a linkage protection effect with the warning letters from the police, women's federations and neighborhood committees.

Each department takes joint action to assume its own responsibilities and establish an effective protection mechanism.

protects the rights of victims of domestic violence. Jiangsu has proven through practice that multi-department joint action is more effective. "In a recent case of executing a habeas corpus order in the city, we cooperated with the public security and went to the victim's home to work together. It can be said that the deterrent effect brought by the public security is greater than that of the judge. Strengthening the linkage between the public security and the court can expand the enforcement The effect has also expanded social influence." Liu Bin said. In 2012, the Jiangning Public Security Bureau of Nanjing City took the lead in the country in launching a pilot anti-domestic violence warning letter. Last year, it took the lead in handling domestic violence police situations on the police information platform. The five units of the public security, civil affairs, court, procuratorate, and women's federation shared information. Joint handling to stop domestic violence in a timely manner. Zhang Yong believes that the joint response mechanism needs to consider the characteristics of domestic violence and establish a nighttime joint response mechanism for domestic violence. "Some grassroots units believe that more than 80% of domestic violence police incidents in the jurisdiction occur at night, and the public security works 24 hours a day. After handling, there is a lack of night-time communication and docking link with relevant departments."

On-site handling of "on-site" around the clock, as well as full Comprehensive legal protection is conducive to strengthening the confidence of victims of domestic violence in safeguarding their rights. Further exploration in this area is needed. For example, for victims of domestic violence who have been in fear for a long time, the temporary shelters set up by city and county governments stipulated in my country's Anti-Domestic Violence Law seem to be able to provide them with temporary living assistance. At present, temporary shelters have been set up in many places in the province, but they are faced with the embarrassment of being unoccupied after they are established. For example, the person in charge of a minor shelter room in Jiangning District that the reporter visited admitted that it is rarely used.Liu Wenxiao, a legal aid lawyer at the Xinwu District Justice Bureau of Wuxi City, analyzed that the use of such shelters faces many problems such as concealment, facilities, occupancy qualifications, dedicated services, maintenance and management, and funding guarantees. "Can there be any legislation on this?" It should be perfected so that the shelter can truly assume the role of shelter." The harm of domestic violence is partly reflected on the spiritual level, and psychological counseling is also very necessary. Kong Fanzhi, member of the Standing Committee of the Provincial People's Congress and vice president of Zhenjiang Medical Group, suggested that citizens' mental health services should be improved to solve the problem of perpetrators continuing to commit domestic violence from the source. Wang Yan also suggested that we should pay attention to the psychological status of long-term perpetrators of domestic violence and assess their social harm. “Before the epidemic, I went to the women’s prison for psychological counseling every month. The victims reported that some perpetrators People will still repeat domestic violence after being punished by law. I think the perpetrators can be forced to receive psychological intervention and behavior modification, otherwise they will still be a cancer that harms society after they return."

Reporter Chen Yuefei Ni Fangfang

Intern Liu Siyang

Picture source Visual China

This article comes from [Junction News Client] and represents only the author’s views. The National Party Media Information Public Platform provides information release and dissemination services.

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