The anti-domestic violence law has been officially promulgated, so what methods can we use to face domestic violence in the future? Next, I sorted out some knowledge about how to solve spouse domestic violence. Welcome to read! 1. According to Article 43 of the Marriage Law, if domestic violence is committed, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate.
The victim has the right to make a request for the ongoing domestic violence, and the residents' committee, villagers' committee and their units shall discourage it, and the public security organ shall stop it. If domestic violence is committed and the victim makes a request, the public security organ shall impose administrative punishment in accordance with the Law on Public Security Administration Punishment.
2. According to the provisions of Article 32 of the Marriage Law, the occurrence of domestic violence can be regarded as the legal cause of divorce, that is to say, the victim of domestic violence can regard violence as the condition of divorce, as the right granted to the victim by law, and the injured party may not ask for it, and the court cannot judge the parties to divorce on this ground. 3. According to the provisions of Article 46 of the Marriage Law, victims of domestic violence can apply for fault compensation after divorce, that is, after divorce, they can ask the other party for compensation according to the provisions of the Marriage Law on divorce fault compensation, and at the same time, the victims can directly ask the infringer to bear tort damages according to the provisions of the General Principles of the Civil Law.
4. According to the provisions of Article 45 of the Marriage Law, if domestic violence constitutes a crime, criminal responsibility shall be investigated according to law, and the victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law. The public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law. Marriage law, as a civil law, does not provide separate charges for domestic violence. Whether domestic violence constitutes a crime and how to punish it must be solved through criminal law.
For example, China's criminal law stipulates the crime of abuse and intentional homicide. If domestic violence meets the constitutive requirements of one of the crimes, it can be punished according to the provisions of the criminal law on the crime, and the victim can get effective assistance according to law. Victims of domestic violence must not think that their tolerance can stop each other from hurting. This idea is obviously wrong.
Blindly forbearance can only make each other more violent. In case of domestic violence, please report it to the relevant departments in time and protect your interests through some means.
2. What should I do if the woman in the couple encounters domestic violence?
1, you can find a community women's organization to educate and persuade your husband; 2. You can report the case to the local police station and ask them to deal with your husband according to the Regulations on Administrative Penalties for Public Security and ask them to leave a record; 3. You can report the situation to the street and district women's federations and ask for help; 4. If you are injured, you must go to the hospital for diagnosis as soon as possible, ask the doctor to issue a detailed injury certificate, and ask someone to take a clear photo of the injury and keep it well; If you are seriously injured and want your husband to be punished by law, you can sue him for injury to the court and apply to the relevant departments for injury identification, which will be the most favorable evidence to judge the degree of his injury to you; 6. If you are injured and can't defend yourself, you can call for help loudly and call 1 10. 7. If you are seriously threatened, you must pay attention to protect yourself. You don't need to come back to him like a trembling lamb and bear unpredictable dangers. 8. Being beaten, washing your dirty linen in public, and admitting that you are unlucky are the most dangerous things. They told you to give up resistance and ask for help. It should be noted that only when you sincerely resist this kind of violence can outside help exert its greatest strength; 9. In order to get rid of this pain forever, you can divorce him. The evidence that he beat you is also strong evidence of divorce proceedings.
10, you can make your own request to the court according to Article 46 of the Marriage Law, "If a divorce is caused by domestic violence, the innocent party has the right to claim damages". .
3. How to deal with domestic violence within marriage?
First of all, try to ensure the personal safety of yourself and your children. If your life is in danger, you should call for help loudly, and let your neighbors hear or look for opportunities to call the police number "1 10" as much as possible.
Secondly, if violence occurs, we should pay attention to collecting evidence. Female victims should go to the nearest hospital for treatment as soon as possible, tell the doctor the cause of the injury, and ask the doctor to record the injury in detail, accurately and objectively, so as to create conditions for further judicial expertise.
Third, you can ask the local women's Federation for help and seek * * * assistance. Mao Weiping also told reporters that many women do not want to leave their names or addresses when they complain to women's federations at all levels after domestic violence. After receiving such telephone complaints, the Women's Federation could not provide help to the women victims because they could not find the victims. Therefore, battered women must leave their real names and addresses when complaining, and the Women's Federation will provide them with timely help and keep them confidential.
Fourth, you can resort to the law and use legal weapons to safeguard your legitimate rights and interests.
4. How to deal with domestic violence within marriage?
Husband and wife should respect each other, love each other and live in harmony, but unfortunately, violence between husband and wife still causes personal injury and mental pain to one of them. As an important inducement of divorce cases, domestic violence still affects the stability and harmony of families to a great extent.
Domestic violence refers to the behavior that the perpetrator causes certain harm to the body and spirit of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Persistent and frequent domestic violence constitutes abuse.
According to the sampling statistics of 620 divorce cases concluded by Beijing courts in 20 13, divorce cases involving domestic violence accounted for 9% of the total number of selected divorce cases. Although the proportion is not high, most cases involving domestic violence have fierce contradictions, low mediation rate and high divorce rate. China's marriage law explicitly prohibits domestic violence and stipulates that one spouse commits domestic violence against the other. If mediation fails, divorce should be granted. If divorce is caused by domestic violence, the innocent party has the right to claim damages at the time of divorce.
The Anti-Domestic Violence Law under consideration by the National People's Congress also provides a series of institutional arrangements to protect the vulnerable groups in the family and curb domestic violence. This case is a typical divorce case caused by domestic violence. The people's court supports the innocent party's request for divorce and compensation according to law, and gives a clear-cut negative evaluation of domestic violence, arguing that domestic violence violates the law and socialist morality.
5. What should men do if they encounter domestic violence in marriage?
In the daily relationship between husband and wife, some women have poor emotional stability, and both sides tend to take extreme measures when encountering contradictions.
In contrast, men follow another set of rules, such as "Good men don't fight with women" and "Gentlemen don't fight with words". Therefore, even if you are bullied, you rarely fight back, and you are even more reluctant to ask for help from the society. To some extent, this encourages female violence and forms domestic violence. Of course, in marriage, it is not common for a husband to be abused by his wife, but it still happens.
In real life, women are often in a weak position, so the protection of women's rights and interests by laws and regulations will be more focused and meticulous. Generally speaking, domestic violence is that a husband beats his wife, but it does not rule out the other way around.
If a man meets a tough wife, he will often be beaten by his wife. In this case, it is more difficult to safeguard men's rights. The system design in this respect should be more precise and thoughtful, and there should be corresponding male-dominated organizations and channels.
Influenced by traditional thinking, most men in China are good-looking, and they feel that they have suffered from domestic violence and are easily laughed at, so they generally don't tell others. This is very unwise and will only hurt yourself more.
In fact, men who encounter domestic violence can turn to the Women's Federation for help, and the door of the Women's Federation is also open to male compatriots. In addition, I suggest that men must not remain silent after encountering domestic violence, but should bravely stand up and use the law to protect themselves and stop the violence.
Men who suffer from domestic violence or other unfair treatment can be solved by seeking the help of lawyers, media and relevant institutions. The law does not care about human feelings, regardless of strength, only cares about seriousness.
Whether a man beats a woman or a woman beats a man, it is illegal to beat others. The relevant provisions on domestic violence in the Marriage Law do not limit that only men beat women. If a woman is fierce and beats her husband, she will also become the perpetrator of domestic violence.
If a husband is seriously injured by his wife, he should identify his wife's behavior in strict accordance with the relevant provisions of the Law on Public Security Administration Punishment and the Criminal Law, and make corresponding judgments. There are no gender restrictions in any laws and regulations on beating and being beaten.
If the husband has bad consequences after domestic violence, he can also ask his wife for compensation for mental damage. Men who suffer from domestic violence are actually as injured as women who suffer from domestic violence.
Therefore, how to avoid domestic violence has become a compulsory course for many men before and after marriage. In my opinion, it is most important for husband and wife to strengthen communication and tolerate each other.
In life, no matter how strong a woman is, she is willing to have an arm and a harbor to rely on. It is not impossible to change from a "female man" to a little woman. Both husband and wife must strengthen communication and know each other's real thoughts in time.
If you have different views, try to think from the other person's point of view and try to understand and tolerate each other. If you really feel that the other person is wrong, don't say harsh words in a rage, let alone add fists and feet. Speak your mind calmly, give the other person a certain amount of time and space, and let the other person change slowly.
6. What should a woman do if she faces a domestic violence husband after marriage?
After a woman gets married, the husband who suffers from domestic violence should complain, reflect or ask for help to the unit where the perpetrator or the victim belongs, the residents' committee, the villagers' committee, the women's federation and other units. After receiving complaints, reflections or requests for help from domestic violence, the relevant units will help and deal with them.
Victims of domestic violence, their legal representatives and close relatives may also report to the public security organs or bring a lawsuit to the people's court according to law.
The following are the legal provisions on anti-domestic violence disposal.
Domestic Violence Act of People's Republic of China (PRC)
Thirteenth victims of domestic violence and their legal representatives and close relatives can complain, reflect or ask for help to the injurer or the victim's unit, residents' committee, villagers' committee, women's federation and other units. After receiving complaints, reflections or help from domestic violence, the relevant units shall give help and treatment.
Victims of domestic violence, their legal representatives and close relatives may also report to the public security organs or bring a lawsuit to the people's court according to law.
Units and individuals have the right to discourage domestic violence in time when they find it.
Article 14 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service agencies, relief management agencies, welfare agencies and their staff find that people with no capacity for civil conduct or people with limited capacity for civil conduct have suffered or are suspected of suffering from domestic violence in their work, they shall promptly report to the public security organs. The public security organ shall keep confidential the information of the informant.