Anti-Domestic Violence Act
Thirty-third domestic violence, which constitutes a violation of public security management, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the people's court shall give it a warning and may, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detention of not more than 15 days.
Article 35 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff fail to report cases to the public security organs in accordance with the provisions of Article 14 of this Law, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished by the competent department at a higher level or the unit to which they belong.
Article 36 State functionaries responsible for combating domestic violence who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Protection of minors
Article 10 stipulates that parents or other guardians should 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.
Criminal law of the people's Republic of China
Article 260th stipulates that the crime of ill-treatment refers to the physical and mental persecution of family members who live with * * *, often by means of beating and cursing, binding, freezing and starving, restricting freedom, insulting personality, refusing medical treatment or forcing them to overwork, and the circumstances are bad.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
Criminal law of the people's Republic of China
Article 234 stipulates that whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Extended data:
On the morning of July 6, 2065438+00, a couple from Hunan were "torturing" their 8-year-old daughter in a rented house in Nancun Town, Panyu District, Guangzhou. "You stole 500 yuan from home before, and this time you stole money. Did you steal more than 60 yuan from us? "
Xiao Huang's parents began to beat her with bamboo sticks, and then tied her to an iron branch in the overhead window with a mop cloth, just like a cross. When Xiao Huang shouted pain, his parents used sticks to shut him up. It was a hot summer, and the indoor temperature was as high as 40 degrees Celsius.
In this way, a few hours passed. Xiao Huang's father found that Xiao Huang rolled his eyes, but he thought his daughter was acting, so he covered her eyes with a piece of yellow silk and went back to bed.
After a while, at noon, the couple woke up and came to see Xiao Huang, who was still being punished. Huang Xiao really stopped screaming and rolling her eyes, but she didn't breathe. Seeing this scene, the couple were afraid, panicked the police and were immediately arrested by the police.
After forensic identification, Xiao Huang died of traumatic hemorrhagic shock caused by blunt violence and massive subcutaneous hemorrhage all over the body. In addition, Huang Xiao has many old injuries, which are caused by long-term abuse.
Panyu District People's Court sentenced the girl's father, Huang Moumou, to fixed-term imprisonment of 10 year, and the girl's mother to fixed-term imprisonment of 3 years, with a suspended sentence of 5 years.
References:
China Youth Network-Eight-year-old girl was "tortured" to death by her parents and tied to a cross and beaten.