How to defend the right to defend the right to protect the judicial explanation

The Supreme People's Court held a press conference today (15th) to release the "Provisions on the Application of Laws for the Application of Laws for Personal Security Protection Cases", and strive to clear up various obstacles in the acceptance and procedure of domestic violence cases, highlighting the right right right right right The timeliness of the protection of the rights and interests of domestic violence, clarify the rules of the referee, and maximize the legal rights and interests of domestic violence victims. The judicial interpretation will be implemented from August 1.

Conditions on the personal safety protection order of the applicant's personal safety

The Anti -Family Violence Law of 2016 stipulates that the people's court shall accept the person's court due to the actual danger of family violence or the actual danger of family violence, and the people's court shall be accepted. In the six years since the implementation of the Anti -Family Violence Law, as of December 31, 2021, the national court made a total of 10,917 personal safety protection orders, protecting the personal safety and personality dignity of domestic violence victims in accordance with the law.

The newly issued judicial interpretation stipulates that the personal safety protection order from the people's court does not follow civil lawsuits such as divorce.

Zheng Xuelin, president of the first court of the Supreme People's Court: The provision clearly clarifies that the personal safety protection order to the people's court does not need to file a divorce lawsuit or other lawsuits first, nor does it need to file a divorce and other lawsuits after the application of the personal safety protection order. From the perspective of procedure law, the application, review, and implementation of the personal safety protection order all have high independence, and exist independently without relying on other lawsuits. This is in line with the basic characteristics and institutional purposes of personal safety protection to stop domestic violence in a timely manner.

Frozen hunger, frequent insults, threats, tracking, harassment, etc. are all domestic violence

The judicial interpretation further clarifies the form of domestic violence, and expands the scope of applicability of personal safety protection order. The Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to physical and spiritual violations such as fighting, binding, harming, restricting personal freedom, and regular abuse, and intimidation between family members."

Zheng Xuelin, president of the first court of the Supreme People's Court: This provision lists common forms of domestic violence. But in practice, in addition to the above -mentioned forms, there are other behaviors that can be classified as the category of domestic violence, which need to be clear. The "Regulations" has enlisted the type of domestic violence, and it is clear that frozen hunger and frequent insults, defamation, threats, tracking, harassment, etc. are all domestic violence. As a result, the scope of the personal safety protection order is further clarified to ensure that family members from various forms of family violence infringement.

Expand the situation of the application and the main body of the application

For the situation in practice, the victims dare not dare or cannot apply for a personal safety protection order due to age, disability, and serious illness. The judicial interpretation of the application of the application and the subject of the application.

The Anti -Family Violence Law stipulates that the parties are those with no capacity for civil behavior, a person who restricts civil behavior, or cannot apply for a personal safety protection order due to force and intimidation. Villagers' committees and rescue management agencies can apply for.

Zheng Xuelin, president of the First Court of the Supreme People's Court: In order to maximize the protection of such special difficulties, groups of special difficulties can obtain the relief of the personal safety protection order system in accordance with the law. The "Regulations" properly appropriately apply for the application of the application on the basis of the anti -family violence law. Expansion, clarifying the situation of "old age, disability, serious illness", etc., on the premise of respecting the wishes of the parties, the relevant departments can apply on their behalf. At the same time, in accordance with the trial practice, according to the responsibilities of the relevant departments, the main body of the application for the application has increased the civil affairs department, the disabled federation, and the elderly organizations established in accordance with the law.

Increase punishment for violation of personal safety protection orders

Judicial interpretation has increased punishment for violations of personal safety protection orders. The Anti -Family Violence Law stipulates that the respondent violates the personal safety protection order and constitutes a crime, which is investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the people's court shall give a command in accordance with the plot. The following detention.

Victims can retain telephone recording, text messages, etc. as evidence

Evidence is a very critical issue in the judicial practice of personal safety protection. The Anti -Family Violence Law stipulates that the people's court's trial of cases involving domestic violence may determine the facts of domestic violence in accordance with evidence such as police records, warnings, and injuries appraisal of the public security organs. However, in practice, most parties cannot provide the above evidence, causing their applications to be rejected due to insufficient evidence, which limits the role of personal safety protection order. Judicial interpretation lists ten forms of evidence, clearly guides the practice of trial, and provides clear behavior guidance for domestic violence victims and collects evidence.

In addition, in response to the inaccurate issues in practice, the judicial interpretation is also clear that the certification criteria of the personal safety protection order is "greater possibility". Difficulty of proof. At the same time, it has further reiterated the provisions of the people's court to investigate and obtain evidence in accordance with the right of vocational rights. From the acquisition, provision, and identification of evidence to reduce the obstacles to the victims of domestic violence and provide institutional support for the protection of their legitimate rights and interests for the protection of domestic violence victims.

The other party's "wrong" cannot be an excuse for implementing domestic violence

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