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Guizhou Province's Anti-Domestic Violence Regulations will come into effect on March 1, 2020

Update: 2019-12-2 08:48 | Edit: Mountain Meets Water | Browse: 2382 | Comments: 0 | Source: Colorful Guizhou
Abstract: Anti-domestic violence is the common responsibility of the whole society and every family. Any unit and individual has the right to discourage and stop the ongoing domestic violence. On December 1st, the 13th session of Guizhou ...
Anti-domestic violence is the common responsibility of the whole society and every family. Any unit and individual has the right to discourage and stop the ongoing domestic violence. On December 1, the thirteenth meeting of the Standing Committee of the 13th National People's Congress of Guizhou Province passed the Guizhou Province's Anti-Domestic Violence Regulations (hereinafter referred to as the "Regulations").


Guizhou Provincial Anti-Domestic Violence Regulations passed at the 13th meeting of the Standing Committee of the 13th National People's Congress of Guizhou Province

The "domestic violence" referred to in the "Regulations" refers to physical, mental and other violations committed by family members by means of beating, binding, maiming, restricting personal freedom, frequent abuse, intimidation, or other means.

It is reported that due to historical and practical reasons, domestic violence is still high in our province, and the situation against domestic violence is still severe. According to the Guizhou Provincial Women's Federation statistics, from 2016 to 2018, the domestic violence complaints received by women's federations at all levels in the province accounted for 38.4%, 41.8%, and 49.2% of marriage and family complaints, respectively.

From March 1, 2016, the "People's Republic of China Anti-domestic Violence Law" came into effect, providing legal support for anti-domestic violence work. In order to ensure better implementation of the "Anti-Domestic Violence Law of the People's Republic of China" in our province, prevent and stop domestic violence, protect the legitimate rights and interests of family members, safeguard equal, harmonious and civilized family relationships, and promote and implement the core values of socialism, To promote family harmony and social stability, these Regulations have been formulated in accordance with the provisions of the "Anti-Domestic Violence Law of the People's Republic of China" and relevant laws and regulations, and in accordance with the actual conditions of the province.

The "Regulations" consist of five chapters and forty articles, aiming at the characteristics of strong concealment, difficulty in obtaining evidence, and easy repetition of domestic violence. Based on the "Anti-Domestic Violence Law of the People's Republic of China" and the experience of other provinces, we summarize the province's long-term anti-domestic violence work. Accumulated good practices have been refined and clarified with emphasis on prevention and treatment measures.

It is understood that the Standing Committee of the Provincial People's Congress found in previous investigations that, for acts of domestic violence that are "minor in behavior and not subject to public security management penalties according to law," public security organs have chosen to verbally criticize and educate, and the written warning system has failed to play its role. In response, the "Regulations" strengthened the use of "cautions", stipulating that all such behaviors should be issued in written caution, "Public security organs should warn the perpetrators not to commit domestic violence again, and copy the caution to the victim's residence or often The village (resident) committee and women's federation of the place of residence shall be filed for reference at the same time. "It is also stipulated:" The village (resident) committee and public security police station shall make regular visits within one month from the date of serving the warning and return to the perpetrators. , Victims, supervise the perpetrators of no more domestic violence and keep records of them. "

In order to make better use of the role of public officials, the Regulations clearly state that public officials should model social morality and family virtues, and make special provisions on the service and handling of warnings for public officials who commit domestic violence: "The offender is a public official For the personnel, the public security organ shall also copy the written warning to its affiliated unit, and its unit shall provide criticism and education. "

According to the Regulations, the warning should include the identity information of the perpetrator, factual statements of domestic violence, prohibition of perpetrators of domestic violence, and legal consequences of re-implementation of domestic violence. The specific measures for implementing the domestic violence warning system shall be formulated by the Provincial Public Security Department in conjunction with relevant departments.

In addition, the higher law provides detailed regulations on the personal safety protection order system.

On the basis of the superior law, the "Regulations" draw on the experience of other provinces and make supplementary provisions for violations of personal safety protection orders. If the respondent violates the personal safety protection orders, the people's court shall include them in the list of persons who have committed breach of trust and implement joint punishment for breach of trust. At the same time, it is also given the opportunity to "reform and renew", and the respondent has not implemented domestic violence within one year, and can apply to the people's court for removal of the list of people who have broken the promise. (Hong Yingjie)
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Guizhou Province's Anti-Domestic Violence Regulations will come into effect on March 1, 2020

  • 浏览:2382 评论: 0 多彩贵州 Edit: Mountain meets water Browse: 2382 Comments: 0 colorful Guizhou
  • Anti-domestic violence is the common responsibility of the whole society and every family. Any unit and individual has the right to discourage and stop the ongoing domestic violence. On December 1, the thirteenth meeting of the Standing Committee of the Thirteenth National People's Congress of Guizhou Province passed the Guizhou Province's Anti-Domestic Violence Regulations (hereinafter referred to as the "Regulations"). The "Regulations" will come into effect on March 1, 2020.


    Guizhou Provincial Anti-Domestic Violence Regulations passed at the 13th meeting of the Standing Committee of the 13th National People's Congress of Guizhou Province

    The "domestic violence" referred to in the "Regulations" refers to physical, mental and other violations committed by family members by means of beating, binding, maiming, restricting personal freedom, frequent abuse, intimidation, or other means.

    It is reported that due to historical and practical reasons, domestic violence is still high in our province, and the situation against domestic violence is still severe. According to the Guizhou Provincial Women's Federation statistics, from 2016 to 2018, the domestic violence complaints received by women's federations at all levels in the province accounted for 38.4%, 41.8%, and 49.2% of marriage and family complaints, respectively.

    From March 1, 2016, the "People's Republic of China Anti-domestic Violence Law" came into effect, providing legal support for anti-domestic violence work. In order to ensure better implementation of the "Anti-Domestic Violence Law of the People's Republic of China" in our province, prevent and stop domestic violence, protect the legitimate rights and interests of family members, safeguard equal, harmonious and civilized family relationships, and promote and implement the core values of socialism, To promote family harmony and social stability, these Regulations have been formulated in accordance with the provisions of the "Anti-Domestic Violence Law of the People's Republic of China" and relevant laws and regulations, and in accordance with the actual conditions of the province.

    The "Regulations" consist of five chapters and forty articles, aiming at the characteristics of strong concealment, difficulty in obtaining evidence, and easy repetition of domestic violence. Based on the "Anti-Domestic Violence Law of the People's Republic of China" and the experience of other provinces, we summarize the province's long-term anti-domestic violence work. Accumulated good practices have been refined and clarified with emphasis on prevention and treatment measures.

    It is understood that the Standing Committee of the Provincial People's Congress found in previous investigations that, for acts of domestic violence that are "minor in behavior and not subject to public security management penalties according to law," public security organs have chosen to verbally criticize and educate, and the written warning system has failed to play its role. In response, the "Regulations" strengthened the use of "cautions", stipulating that all such behaviors should be issued in written caution, "Public security organs should warn the perpetrators not to commit domestic violence again, and copy the caution to the victim's residence or often The village (resident) committee and women's federation of the place of residence shall be filed for reference at the same time. "It is also stipulated:" The village (resident) committee and public security police station shall make regular visits within one month from the date of serving the warning and return to the perpetrators. , Victims, supervise the perpetrators of no more domestic violence and keep records of them. "

    In order to make better use of the role of public officials, the Regulations clearly state that public officials should model social morality and family virtues, and make special provisions on the service and handling of warnings for public officials who commit domestic violence: "The offender is a public official For the personnel, the public security organ shall also copy the written warning to its affiliated unit, and its unit shall provide criticism and education. "

    According to the Regulations, the warning should include the identity information of the perpetrator, factual statements of domestic violence, prohibition of perpetrators of domestic violence, and legal consequences of re-implementation of domestic violence. The specific measures for implementing the domestic violence warning system shall be formulated by the Provincial Public Security Department in conjunction with relevant departments.

    In addition, the higher law provides detailed regulations on the personal safety protection order system.

    On the basis of the superior law, the "Regulations" draw on the experience of other provinces and make supplementary provisions for violations of personal safety protection orders. If the respondent violates the personal safety protection orders, the people's court shall include them in the list of persons who have committed breach of trust and implement joint punishment for breach of trust. At the same time, it is also given the opportunity to "reform and renew", and the respondent has not implemented domestic violence within one year, and can apply to the people's court for removal of the list of people who have broken the promise. (Hong Yingjie)

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