Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity. Domestic violence occurs between family members who are related by blood, marriage and adoption, such as husband to wife, parents to children, and adult children to parents. Women and children are the main victims of domestic violence, and some middle-aged and elderly people, men and disabled people will also become victims of domestic violence. Domestic violence can lead to death, serious injury, minor injury, physical pain or mental pain.
2065438+In March 2005, in order to actively prevent and effectively punish domestic violence crimes and strengthen criminal judicial protection for victims of domestic violence, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice issued the Notice on Handling Domestic Violence Crimes according to Law. 20 15 12.27, the 18th session of the 12th the National People's Congress Standing Committee (NPCSC) passed the Domestic Violence Law of People's Republic of China (PRC). As the first anti-domestic violence law in China, the law will take effect on March 1 2065438.
Main types
1. Personality disorder accounts for14 of domestic violence, among which antisocial personality disorder and impulsive personality disorder are the majority. Anti-social personality disorder with a history of violence since childhood. Such patients are not only the perpetrators of domestic violence, but also the makers of social violence. Not only do they often beat their wives or children, but they also threaten their spouses not to divorce. Impulsive personality disorder often flies into a rage because of trivial matters, and then violent behavior occurs. Once their spouses file for divorce, they will cry or threaten to die.
Second, manic patients with emotional disorders usually have no violent behavior, and they tend to be violent when their condition is serious, but they tend to disappear quickly. The violent behavior of depressed patients has serious consequences, and murder or suicide often occurs.
Third, under the control of hallucinations and delusions, schizophrenics may have serious violence and self-mutilation. They sometimes beat their spouses into ghosts, and often beat their relatives black and blue, head broken and even disabled.
Fourth, menopausal psychosis is mostly female, and violence is also common in women. Jealousy and delusion are the main symptoms of menopausal psychosis. They constantly abuse and beat their faithful partners because they suspect that their husbands have made a new love out of nothing.
5. PMS is the main cause of frequent domestic violence. Women with PMS provoke family disputes almost every month. The so-called petty quarrels happen every day, and quarrels are such families.
Existential characteristics
trait
1, universality and severity
The number of female victims of domestic violence in the United States exceeds that of rape, robbery and car accidents combined. 1/4 There is domestic violence in the family. On average, a woman is beaten by her husband every 7.4 seconds, and about 20%~30% of women are physically abused by their current or former boyfriends. Domestic violence is the most common cause of serious injuries to women, accounting for about 40% of female homicides.
2. Recurrent attacks
The occurrence of domestic violence is generally periodic, and its process is as follows:
First, the tense stage: verbal attacks and hostility on both sides are accompanied by a thorough blow to the victim's self-confidence. Abusers isolate and isolate victims by controlling their proximity to family, friends, money and wandering around.
Second, the stage of violence: the state of tension and depression erupts into an attack on the victim. With the relaxation of tension, the abuser may show modesty and gentleness to the victim. Third, the intimate stage: the perpetrators of repeated attacks often show deep conscience condemnation, regret and swear that similar behaviors will never happen again. Victims are often full of hope that the perpetrators will change, but in most cases, this cycle is just repeated again.
3. Various forms
There are various forms of domestic violence: physical injury (accounting for 265,438+0% ~ 34%), sexual assault (accounting for 34% ~ 59%), mental and emotional torture (such as threatening injury, intimidating them, making them extremely jealous, depriving them of possession, isolating them physically or socially, etc.). For the victims, various forms of violence often appear together, occur repeatedly and get worse. The abuser's physical attack on the victim can be manifested as: attacking or hitting with weapons, beating, hitting with fists or objects, punching with fists, smashing, kicking, burning, slapping, threatening with weapons (knives, guns) and so on. , together, repeatedly, more and more serious.
4. Violence is hidden.
Violence is hidden, it is difficult to prevent the victims from being in a dangerous environment for a long time, and the occurrence of violence is often unknown. When violence occurs, the victims are often unprepared.
5. Repeated injuries.
Examining the victims can reveal injuries in different recovery periods. Clinical injury characteristics of victims Typical injuries include contusion and minor laceration, mainly concentrated in the head, face, neck and trunk. Compared with other causes and types of injuries, chest, chest and abdomen injuries are more common.
Wrong idea
Opposing domestic violence requires the participation of the whole society, but under the influence of China's traditional ideas, some people may think that domestic violence is a family matter, a kind of privacy, and cannot be publicized. People in China society have several misunderstandings about domestic violence:
Myth 1: There is no domestic violence, even if there is, it is very few.
Myth 2: Domestic violence is a private matter. 4 128, 57.38+0% of the respondents think that domestic violence is a domestic affair.
Myth 3: Domestic violence is harmful to health, excluding mental violence, economic violence and sexual violence.
Myth 4: Families with high cultural quality have no domestic violence. 4 128, among the interviewees, 62.7% of the perpetrators have college education or above.
Myth 5: Domestic violence is male violence against women; In fact, women's violence against men and parents' violence against their children also belong to domestic violence.
Coping method
guidebook
Court guide, trial of violent cases
It is not difficult to avoid domestic violence.
On August 6th, 2008, the first writ of habeas corpus in China was issued by the Chong 'an District Court of Wuxi City, Jiangsu Province on the application of the victim Chen Mou. The ruling prohibits the defendant Xu from beating and threatening his wife as a husband, and extends the judicial protection of personal safety to the family and before the trial of the case for the first time.
On September 24th, the court in Yuelu District, Changsha City, Hunan Province issued a "writ of habeas corpus" and issued a notice of assistance in execution to the local public security organ, asking the police to supervise the defendant's husband Huayang (a pseudonym). Once he is found threatening and beating the plaintiff's wife Zhang (a pseudonym), he should take emergency measures to protect Zhang's personal safety. The ruling was actively cooperated by the local public security organs.
In less than two months, China's courts issued a series of "habeas corpus orders" to prevent domestic violence, which reflected a major change in our concept of national defense domestic violence-changing punishment after the event into protection in advance. This change stems from the Guide to the Trial of Marriage Cases Involving Domestic Violence issued by the Institute of Applied Law in China, the Supreme People's Court in May this year.
Extending the tentacles of judicial protection of personal safety to families and cases before trial has also made a large number of domestic violence victims see hope.
In addition to the provisions of personal safety protection measures, the Trial Guide also covers the definition of domestic violence, the basic principles of trying marriage and family cases involving domestic violence, personal safety protection measures, evidence, property division, child support and visit, mediation and many other aspects, changing the previous divorce cases from only property punishment measures to comprehensive protection of the victim's property and person.
Deputy Director of the Institute of Applied Law in China, the Supreme People's Court, said that the most prominent thing in the trial guide is to clarify the concept and put domestic violence in the social and cultural category. Therefore, considering that the filing of divorce proceedings may anger the injurer and lead to "breakup violence" against the victim, the trial guide stipulates personal safety protection measures, and comprehensively stipulates the application conditions, review priorities, ruling content, effective implementation, and responsibility for violating the ruling.
In view of the difficulty in obtaining evidence, the Trial Guide stipulates the transfer of burden of proof under certain circumstances. The plaintiff provides evidence to prove the facts and consequences of infringement and considers it as the defendant, and the burden of proof shifts to the defendant. If the defendant denies what he did, but there is no evidence to the contrary, he can be presumed to be the perpetrator and the existence of domestic violence can be determined. The habeas corpus orders in Jiangsu and Hunan are formulated with reference to the provisions and spirit of the trial guide.
At the same time, the Trial Guide stipulates that when the parties give evidence, because the contents of the alarm record are ambiguous, the parties can apply to the court to inform the police at that time to testify in court, so that the judge can finally make a comprehensive judgment. You can also ask the court for personal protection. The court may order emergency protection for a period of 15 days or long-term protection for three to six months. The court will supervise the execution of the ruling, impose sanctions on violations of the ruling, and notify the public security organs to be vigilant and fulfill their protection obligations. If the public security organ fails to perform the necessary protection obligations and causes damage to the applicant, the applicant may sue for inaction.
The Trial Guide has two highlights: First, it determines the types 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 in the division of property, the victims should be properly taken care of, rather than mechanically divided equally.
The release of the Trial Guide has received positive responses from all parties. At present, dozens of grass-roots, intermediate and high-level courts have indicated that they will take the Guide as an important reference for hearing related cases, and cite the contents of the Guide as an important argument in the reasoning part of their judgments.
Strengthening the publicity of mental health knowledge and actively guiding the handling of family conflicts can play a positive role in eliminating domestic violence. Because individuals who often commit violent acts may have psychological barriers, it is necessary for them to go to a psychologist for treatment to avoid more serious consequences.
Six-character formula of harmonious marriage against domestic violence
Among the three words "trust, understanding and tolerance", trust ranks first.
Trust, belief and daring to entrust are the basis of husband and wife's feelings. Without trust, not only can we not guarantee the single-mindedness of love, but we will also destroy each other's psychological balance, get tired of family life and dislike our lover, which will only lead to the breakdown of marriage.
Understand and look at the problem from the other side's standpoint. Everyone has different hobbies, try to meet each other's psychological needs and provide convenience for each other. Otherwise, the sense of loss will arise spontaneously, and discontent, trouble and resentment will follow, thus triggering various disharmonious factors.
Tolerance, generosity. To err is human, sometimes you might as well close one eye. People's self-esteem has existed since childhood, and once it is damaged, it will be very painful. If you are respected, you will feel gratified and satisfied. Any reprimanding or belittling of a lover will hurt the other person's self-esteem.
responsible
Responsibility for domestic violence
According to the explanation, domestic violence refers to the behavior that the perpetrator causes certain harm to the body and spirit of family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Domestic violence is an illegal act that infringes on human rights and endangers society, and those who commit such acts should bear corresponding legal responsibilities according to law.
1, civil liability. According to the provisions of the new marriage law, domestic violence is one of the legal reasons for divorce, and the victim can ask the perpetrator of domestic violence to bear the liability for civil damages.
2. Administrative legal responsibility. According to the Regulations on Administrative Penalties for Public Security, those who commit domestic violence, but it does not constitute a crime, can be detained for a maximum of 15 days, fined for a maximum of 200 yuan or given a warning.
3. Criminal responsibility. Serious domestic violence will constitute the crimes of violent interference in freedom of marriage, maltreatment, intentional injury, intentional homicide, insult and so on. Among them, the perpetrators of domestic violence often physically and mentally destroy and torture the family members who live with * * * by beating and cursing, binding, freezing and starving, forcing excessive physical labor and restricting freedom. If the circumstances are bad, it constitutes a crime of abuse and should be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; Whoever causes serious injury or death shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.
If the perpetrator of domestic violence uses violence to openly degrade the personality of other family members and damage their reputation, if the circumstances are serious, it constitutes an insult and should be sentenced to fixed-term imprisonment of not more than three years, public surveillance or deprivation of political rights. The perpetrator of domestic violence intentionally and illegally harms the health of others, which constitutes the crime of intentional injury. If the perpetrator causes serious disability or death, according to the criminal law, the maximum penalty can be death.
According to the law, domestic violence also violates the criminal law if it interferes with the freedom of marriage and divorce of family members by violent means, which constitutes the crime of violent interference with freedom of marriage.
law
China Women's Development Plan
The Central Committee of the Communist Party of China the State Council has always attached great importance to protecting the legitimate rights and interests of women and children. 1995 the State Council issued the China women's development program (1995-2000), and determined that one of the specific development goals of China women in the next five years is to "effectively curb violence against women, criminal acts of trafficking in women and illegal activities of prostitution." The outline stipulates: "Women's equal status in the family is guaranteed according to law, and domestic violence is resolutely stopped."
Marriage Law
At the national basic legal level, the amendment to the Marriage Law passed by the Ninth National People's Congress on April 28th, 200012000 stipulated the problem of domestic violence for the first time. The Marriage Law stipulates the prevention and control of domestic violence from the following four aspects:
1. Generally speaking, "prohibition of domestic violence" (Article 3) is put forward as a basic principle. This principle embodies the constitutional principle that marriage, family, mother and children are protected by the state, and also provides a legal basis for formulating local laws and regulations against domestic violence in various places in the future.
2. Among the legal reasons for judging divorce, one of the spouses "commits domestic violence or maltreats or abandons family members" is regarded as one of the legal reasons for the court to grant divorce in divorce cases where the relationship between husband and wife has really broken down and mediation has failed (Article 32, paragraph 2, item 2).
3. In the chapter on rescue measures and legal liabilities, the rescue measures for victims of domestic violence and the civil legal liabilities of the perpetrators are stipulated (Articles 43, 44 and 46). For example, Article 46 stipulates that if a spouse commits domestic violence or maltreats or abandons family members, resulting in divorce, the innocent party has the right to claim compensation.
Domestic Violence and Divorce Compensation
Article 46 of the Marriage Law of the People's Republic of China stipulates: "If one of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (two) a spouse living with others; (3) committing domestic violence; (4) maltreating or abandoning family members. " At the same time, the Supreme People's Court's "About Application"
Current legislative situation
1. China has signed the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and other international conventions, and is also a signatory to the Beijing Declaration and Platform for Action. Solemnly promise to the world to take effective measures 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 the protection of civil rights and equality between men and women are the legislative basis of China's anti-domestic violence.
(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 spirit of opposing all forms of violence against women, including domestic violence, and protecting women's rights and interests runs through the whole law (general provisions, articles 33-35 and 40-42).
(3) The relevant provisions of the Law on the Protection of Minors embody the spirit of prohibiting domestic violence against minors and protecting their rights and interests (General Provisions, Chapter II, Articles 47 and 52).
(4) As a law to adjust the property relations and personal relations between equal subjects, civil law plays an important role in preventing and stopping domestic violence.
-The General Principles of the Civil Law stipulates the protection of citizens' rights such as life and health, reputation and freedom of marriage (Article 98, Articles 10 1 03) and the corresponding forms of tort liability (Article 134).
-The Marriage Law is the first law in China that explicitly stipulates that "domestic violence is prohibited". It provides relief measures for victims of domestic violence: victims have the right to seek relief from residents' committees, villagers' committees, their units and public security organs (Article 43); At the request of the victim, the corresponding institutions shall take rescue measures; If the case constitutes a crime, the judicial organ shall investigate the criminal legal responsibility according to law (Articles 43 and 45). It is stipulated that domestic violence is one of the legal circumstances for the court to grant divorce (Article 32), and it is stipulated that if divorce is caused by domestic violence, the victim has the right to claim damages (Article 46).
-The Law of Inheritance stipulates that domestic violence may cause the loss of inheritance rights: "intentionally killing the decedent", "killing other heirs for the sake of inheritance rights", "abandoning the decedent or maltreating the decedent in serious circumstances" shall cause the loss of inheritance rights (Article 7).
(5) The Criminal Law punishes those who commit domestic violence through the provisions on crimes and penalties such as murder, injury, rape, insult, illegal detention, crime of trafficking in women and children, violent interference in other people's marriage, maltreatment and abandonment (Articles 232-238, 240, 246, 257, 260 and 2665-445).
(6) Administrative law prohibits domestic violence by stipulating administrative punishment and administrative punishment. For example, in the Regulations on Administrative Penalties for Public Security, the public security organ shall detain, fine or give a warning to those who infringe upon others' personal rights, such as "beating others, causing minor injuries", "illegally restricting others' personal freedom" and "maltreating family members and requiring the abused to be treated" (Article 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: pursue the civil liability of the perpetrators through civil litigation; If a crime is constituted, a private prosecution shall be initiated in accordance with criminal proceedings, or the criminal responsibility of the perpetrator shall be investigated by judicial organs in accordance with legal procedures through notification; If the public security organ fails to perform the duties of stopping or punishing domestic violence according to law, the victim may, in accordance with the provisions of the Administrative Procedure Law, require it to perform within a time limit and compensate the corresponding losses.
3. Local regulations: Since the promulgation and implementation of the Law on the Protection of Women's Rights and Interests, 3/kloc-0 provinces, autonomous regions and municipalities directly under the Central Government have successively issued implementation measures to ensure the implementation of the Law on the Protection of Women's Rights and Interests. By July 2003, the people's congresses of seven provinces and autonomous regions, including Hunan, Sichuan, Ningxia, Jiangxi, Shaanxi, Hubei and Heilongjiang, had successively passed the Resolution on Preventing and Stopping Domestic Violence, the Publicity against Domestic Violence and other special local laws and regulations against domestic violence.
4. The main legal provisions are as follows:
Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests (revised in 2005)
Article 46: "Domestic violence against women is prohibited.
"The state takes measures to prevent and stop domestic violence.
Public security, civil affairs, judicial administration and other departments, as well as urban and rural grassroots mass autonomous organizations and social groups, shall prevent and stop domestic violence within their respective functions and duties, and provide assistance to women victims according to law.
Article 58: "If sexual harassment or domestic violence is committed against women in violation of the provisions of this Law, which constitutes a violation of public security administration, the victim may request the public security organ to impose administrative punishment according to law, or bring a civil lawsuit to the people's court according to law."
Law of People's Republic of China (PRC) on the Protection of Minors
Article 10 Parents or other guardians shall create a good and harmonious family environment, and perform their guardianship duties and support obligations for minors according to law.
Domestic violence against minors, maltreatment, abandonment, infanticide and other acts of infanticide are prohibited, and female minors or disabled minors shall not be discriminated against.
the marriage law of the people's republic of china
Article 3, paragraph 2: "Bigamy is prohibited. Spouses are prohibited from living together with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited. "
Article 32: "If mediation fails under any of the following circumstances, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. "
Article 43: "Where domestic violence or ill-treatment of family members 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 and villagers' committee shall dissuade him; The public security organ should stop it.
If the victim requests to commit domestic violence or abuse family members, the public security organ shall impose administrative punishment in accordance with the Law on Public Security Administration Punishment. "
Article 45: "If bigamy commits domestic violence or maltreats or abandons family members, criminal responsibility shall be investigated according to law. 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 a public prosecution according to law. "
Article 46: "In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members. "
"the Supreme People's Court on the application of
Article 1 The term "domestic violence" as mentioned in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to the behavior that the actor 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. "
Guiding Opinions of the Supreme People's Court on Implementing 23 Specific Measures of Justice for the People
Nineteen, strengthen the protection of women and children's personal rights and interests, and try criminal and civil cases caused by domestic violence according to law.
People's courts at all levels should give full play to the role of judicial functions and intensify the crackdown and punishment of crimes against the legitimate rights and interests of women and children due to domestic violence. It is necessary to promptly accept civil cases of marriage and family caused by domestic violence to prevent the intensification of contradictions and disputes. In the trial of civil cases involving marriage and family, support, inheritance, support, adoption, etc., the legitimate rights and interests of victims of domestic violence should be fully protected and taken care of according to law.
Work measures
The Government of China has always attached importance to the protection of women's rights and interests, believing that eliminating all forms of violence against women is not only the need to consolidate and oppose China's stability and unity, but also the need to safeguard women's human rights and improve women's status. In order to effectively protect women's personal rights and achieve equality between men and women in all fields, in recent years, the Government of China has taken a series of measures to actively mobilize all social forces and encourage multi-sectoral cooperation to combat domestic violence, including:
1. Establish special government agencies to safeguard the rights and interests of women and children. China, the State Council and 3/kloc-0 provinces, autonomous regions and municipalities directly under the central government have set up working committees for women and children, and set up offices in women's federations at the same level. 2. Establish a multi-sectoral coordination and deliberation body to protect the rights and interests of women and children. 200 1,1,1,All-China Women's Federation, Publicity Department of the Communist Party of China, Central Political and Legal Committee, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice, Ministry of Civil Affairs, Ministry of Labor and Social Security, Ministry of Agriculture, Ministry of Culture, Ministry of Health, State Family Planning Commission and State Administration for Industry and Commerce as of July 2003.
3. Establish domestic violence complaint accepting institutions in public security organs: Most provinces in China have established "1 10" anti-domestic violence alarm centers, or set up rights protection complaint stations in police stations and community police offices.
4. Establishing a system of specially invited jurors in courts: Courts in many provinces invite women's federations' rights defenders to serve as jurors to try cases that infringe on women's rights and interests, including domestic violence.
5. Establishment of women's legal aid institutions: 10 Many provinces have set up women's legal aid stations in legal aid centers set up by judicial administrative organs, and most of their studios are located in women's federations at the same level.
6. Establish domestic violence disability identification centers and shelters. More than 20 provinces across the country have established domestic violence disability appraisal centers; Shelters have been established in 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-level organizations from the All-China Women's Federation to the village women's congress, with more than 40,000 rights defenders. It aims to represent and safeguard women's rights and interests, promote gender equality, and has a wide range of social influence. It has played a very important role in promoting the establishment and improvement of the above-mentioned anti-domestic violence institutions and systems, and promoting the formation and development of the socialized anti-domestic violence work pattern in China. At the same time, it also actively participates in and promotes the formulation and improvement of relevant laws, regulations and policies; Participate in law enforcement inspection; Carry out publicity and education on the rule of law for women; Accepting complaints about women's rights and interests and coordinating relevant departments to solve major infringement cases; Establish women's legal aid institutions to provide legal services directly to women; International project cooperation has effectively promoted the anti-domestic violence work in China.
Domestic violence prosecution divorce procedure
First, write a divorce complaint.
(1) State the basic information of the defendant and the plaintiff at the beginning, specifically their names, gender, date of birth, nationality and residence;
(2) State the litigation request. Generally, suing for divorce will involve the following requests: 1. Request the court to decide on divorce; 2. About the child's support, including who will support it, the amount of support, and the time and way to visit the child; 3. Request for division of property;
(3) Write 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 pledgee.
The divorce petition can be written or oral. If a lawsuit is brought orally to the court, the court will make a record and need the plaintiff's signature or seal.
Second, prepare the evidence needed for litigation.
The evidence mentioned here mainly refers to the original and photocopy of domestic violence evidence, marriage certificate, ID card, child's household registration book or birth certificate, and relevant property evidence, including the original and photocopy of real estate license.
3. Take two prepared indictments and two originals and photocopies of evidence materials to the court where the defendant's household registration is located or where both parties have lived together for more than 1 year, and go through relevant procedures in the filing court.
Four, the filing court to review whether to accept the divorce case, pay legal fees and go home and other notices.
Fifth, after the court accepts a divorce case, it will serve a copy of the complaint, evidence and other materials to the other party within the legal time. The court arranges the hearing time and sends subpoenas to both parties.
Sixth, divorce mediation is a necessary procedure stipulated by law, so if the other party agrees to divorce, the court will organize both parties to conduct divorce mediation, or organize mediation before the court session or ask both parties whether they are willing to mediate first. If the mediation is successful, a civil mediation document shall be issued. If the divorce is not agreed or the mediation is unsuccessful, the court session will continue.
Seventh, during the court session, both parties may entrust lawyers or other agents, and the court will decide whether to grant divorce and make judgments on child support and property division according to the evidence and litigation requests provided by both parties. At this time, the court may decide whether to divorce or not. Generally speaking, if the defendant does not agree to divorce for the first time, the court will decide not to divorce.
policy
Since 2008, the All-China Women's Federation has made suggestions and suggestions to the National People's Congress for five consecutive years, and formulated a comprehensive anti-domestic violence law in the national social field, which is a special law that includes measures to prevent, stop, rescue, educate and correct domestic violence. However, in recent years, the legislative process of anti-domestic violence has been hindered by traditional social concepts such as "domestic violence is a private matter at home" and the progress has been slow. Under the background that the national anti-domestic violence law has not been promulgated, 28 provinces, autonomous regions and municipalities such as Hunan have successively promulgated special anti-domestic violence laws or policies since 2000.
2065438+March 4, 2005, the four departments of public security and procuratorial law jointly issued opinions on handling domestic violence cases according to law, which clearly stated that those who have subjective hope for domestic violence or allow the victim to intentionally hurt or die, who use a weapon to commit violence and use cruel means, directly or immediately cause the victim to be seriously injured or killed, should be convicted and punished for intentional injury or intentional homicide.