"I have suffered from the domestic violence of my ex-husband. Although he cried and knelt down to slap himself in the face and repeatedly assured me that he wouldn't do it again, he didn't repent and was even more embarrassed every time he started to do it to me. " Ms Liu, a Shanghai resident, told the China Business Daily that safeguarding rights is not easy. "I collected evidence and filed for divorce. He kept stalking and harassing me and my family, and threatened to go to my workplace and tell my friends about my dirty clothes, thus ruining my reputation. "
In order to prevent and stop domestic violence, the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates that victims of domestic violence, their legal representatives and close relatives may complain, reflect or seek help from the perpetrators or the units where the victims belong, residents' committees, villagers' committees, women's federations and other units, or report to the public security organs or bring a lawsuit to the people's court according to law. After receiving the report of domestic violence, the public security organ shall promptly report to the police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and injury identification. Legal aid institutions shall provide legal aid to victims of domestic violence according to law.
But in fact, many women are suffering from the violence of their boyfriends outside the family relationship, and Yuya is one of them. Article 37 of the Anti-Domestic Violence Law stipulates that acts of violence committed by people other than family members living together shall be implemented with reference to the provisions of this Law. "China does not encourage cohabitation, and cohabitation violence can be separated without divorce. Therefore, the introduction of this law is essentially to solve the problems between family members. However, cohabitation is becoming more and more common, and once it encounters violence, it needs protection, so there are such regulations. " Jin Zengyu, a lawyer at Beijing Kerry Law Firm, told the Huashang Daily reporter.
The endless domestic violence incidents are related to the group silence of the victims. According to media reports, according to a survey conducted by the United Nations, less than 40% of women who have been subjected to domestic violence in most countries have sought help, and less than 10% have reported the case to the police. In China, victims will report to the police after 35 domestic violence on average. In reality, most victims of domestic violence never call the police for help. In the Yuya incident, before the video was revealed, Tuotuo's atrocities of abusing many women were unknown. Yu Ya also said in an interview with the media: "Before receiving a lot of news, I didn't know that so many women were suffering from domestic violence."
The victim's silence includes both forbearance of violence and connivance under repeated forgiveness. "I once accepted a domestic violence divorce case. My husband drank alcohol, which not only affected the domestic violence parties, but also affected his daughter. At the worst time, she ran downstairs barefoot in pajamas and asked the security guard to help the police. However, through the surveillance video installed at home, we saw that after the party left home, her husband stabbed three times and waited for her to go back. " Jin Zengyu told the Huashang Daily reporter that despite repeated statements of interests and psychological counseling, the parties who wanted to divorce eventually came to withdraw the lawsuit with the man.
"Brainwashing the victim, denying it completely, and instilling the idea that' you are so bad, only I will take you in, and you will hit you if you are wrong' is the usual trick of the perpetrator. Through the control of language and thought, the victim has self-doubt and thinks that it can only be tightly tied to the perpetrator. " Jin Zengyu told reporters that when long-term domestic violence has become an inertia, many victims will habitually forgive and return to their families even if the perpetrators do not apologize.
"Yuya has a fan base, and its domestic violence can attract public attention. As an ordinary person who has been subjected to violence, it is also meaningful to break the silence. On the one hand, the group voice is enough to arouse social concern and promote problem solving. On the other hand, bravely defending one's rights and interests can play a deterrent role in domestic violence. Moreover, it can save women caught in the whirlpool of domestic violence and reduce the occurrence of domestic violence. " Jin Zengyu said.
Strengthen law enforcement.
In the case of violence, the victim's road to rights protection involves the fact that domestic violence is recognized. Article 20 of the Anti-Domestic Violence Law stipulates that when trying cases involving domestic violence, the people's courts may determine the facts of domestic violence according to the police records, warnings and injury appraisal opinions of public security organs.
"If there is a domestic violence, you must leave evidence." Jin Zengyu said that you call the police 1 10, and remember the phone number and the alarm unit; State the cause of the alarm, the name of the perpetrator and the place of violence, and generate an alarm record table. If mediation is needed, a mediation agreement shall be signed. If there is any damage, you should go to the hospital for examination, issue a checklist and keep it properly.
"Strictly speaking, there is no zero or countless domestic violence. The key lies in the victim's reaction after the first domestic violence. " Cui, a psychological counselor at Beijing Meiling Psychological Counseling Center, told China Business Daily that many victims only accepted apologies, without delving into the causes of violence. Whether you can control your emotions should be an important issue for both sides to discuss. If the perpetrator promises to control himself, but there is still violence, it is intentional, and the victim should leave as soon as possible and stop the loss in time. At the same time, knowing how to resist and actively protecting yourself is a powerful means to stop domestic violence, otherwise it will only encourage atrocities.
In order to shield the life circle of the abuser and the victim, the Anti-Domestic Violence Law stipulates that the party concerned may apply to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, and the people's court shall accept it. After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within 24 hours. It is understood that there are other measures in habeas corpus to prohibit the respondent from committing domestic violence, to prohibit the respondent from harassing, stalking, contacting the applicant and its related close relatives, and to order the respondent to move out of the applicant's residence to protect the applicant's personal safety.
"Although the anti-domestic violence law requires the court to make a personal safety protection order quickly, it is very difficult in practice. The judge's task in hearing a case is very heavy, so the urgency that the victim may face real danger will be taken as the criterion for issuing a protection order. If it is determined that there is no or little tendency to be victimized, the parties will be persuaded to withdraw the application. " A lawyer in Beijing who asked not to be named said that the success rate of issuing personal safety protection orders in many cities is low.
In addition, according to Article 32 of the Domestic Violence Law, after the court makes a personal safety protection order, it shall be served on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. Personal safety protection orders shall be executed by the people's courts, with the assistance of public security organs, residents' committees and villagers' committees. "In other words, even if the court issued a personal safety protection order, it may be because the public security organs or neighborhood committees and village committees failed to implement it in terms of personnel arrangement and work intensity." The above-mentioned lawyers said that the law is complete, but in the specific implementation, all links need to increase efforts and cooperate with each other.
"But the saddest thing is that the victim lacks self-identity and independent personality because of habitual dependence." Cui said that both housewives and elites in the workplace may suffer from domestic violence. "It is extremely difficult for both sides of domestic violence to suddenly wake up without outside intervention. Domestic violence is not a trivial matter or an internal dispute, but a social problem. Therefore, in the face of domestic violence, social workers in communities and neighborhood committees should give full play to their roles. Once the residents' domestic violence is found, they should immediately intervene to stop it, help them get out of the shadow of domestic violence, and pay long-term attention and supervision to reduce or eliminate the occurrence of domestic violence. When the parties have serious psychological barriers, they can seek help from a psychological counselor for counseling. " Cui Shumei said.
Reporter's note:
In the interview, Jin Zengyu said that many abusers didn't hurt others, but at present, it is almost impossible to define mental violence such as suppressing their partners through insulting words, suspecting and stalking their partners, stalking after dissolving their marriage, etc.
In this regard, Guangdong's anti-domestic violence work is one step ahead. 165438 This year1October 27th, the Measures for Implementing the Domestic Violence Law of People's Republic of China (PRC) Province (Draft) (hereinafter referred to as the draft) was submitted to the 15th meeting of the Standing Committee of the 13th National People's Congress of Guangdong Province for deliberation. The draft stipulates that domestic violence refers to physical and mental violations committed by family members by beating, binding, maiming, restricting personal freedom and often abusing, intimidating, insulting, slandering, spreading privacy, threatening, stalking and harassing. Including the use of the Internet and other means.
Chen Yongkang, deputy director of the Social Construction Committee of the Guangdong Provincial People's Congress, explained that the new ways of insulting, slandering, spreading privacy and stalking in the draft are not clearly stipulated in the upper law, and belong to the category of mental violence. He also said that some people now expose their ex-spouses or former family members through the Internet, which is a prominent problem at present, so the draft extends the mental violence of domestic violence.
"My violent and irritable father is the root of my daughter's lifelong fear of marriage." "My father's alcoholism and domestic violence have made me afraid of men for 20 years." "My sister and I can't stop my father from beating my mother. When we are nearly 40 years old, we still remain single and refuse to talk about love. The fear in our bones is really hard to overcome. "... The reporter found that witnessing domestic violence is very harmful to minors and may even affect their future marriage and love choices. The draft attaches importance to this group, innovatively includes minors who witness domestic violence into the scope of protection, and clearly stipulates that minors who witness domestic violence are victims of domestic violence.