On December 21, the 12th session of the 18th plenary meeting of the NPC Law Committee of the national people's Congress on the protection against family violence Act (draft) report the results of its consideration. This year, August 12th 16th meeting of the Standing Committee of the NPC on the law on domestic violence (draft) after the initial review, this is the result of consultation of public views on the draft revised and improved.
Compared with previous draft, this second peer review there are many gratifying highlights:
"Perfect the concept of a peer reviewer for domestic violence, joined the spirit of violence is particularly important," domestic violence refers to family members beaten, tied up, mutilation, forced restriction of personal freedom, as well as regular verbal abuse, intimidation or any other means to implement physical, mental abuse. "
Increased provisions in the by-laws: "member of the family, other than acts of violence between people who live together or reference to this law. "Common-law relationship and live together in relationships between same-sex couples the possibility of violence covered, is a big step forward.
Emphasizes the responsibility for asylum and rescue. Without civil capacity or with limited capacity for civil conduct due to domestic violence serious bodily injury, physical security threats or in a State of danger of unattended, the public security organ shall inform and assist civil affairs authorities to escort them to a temporary shelter, aid management agencies or welfare institutions.
Clear personnel "mandatory reporting obligations". Urban and rural grass-roots mass self-government organizations, social service agencies, aid management agencies, welfare agencies and their staff at work to find victims of domestic violence, recommends its mandatory reporting obligations. Two manuscripts accepted this proposal, the four classes of people into the force main body of the report.
Personal safety and protection orders on behalf of the applicant, extended by close relatives to the police administration of public relief, women's federations, institutions and others. In addition, a clear time limit for personal protection orders from the Court: should generally be within 72 hours if the urgency of the situation, shall issue protection orders within 24 hours. Also made clear in the second peer review, if violations of personal safety and protection orders, constitute a crime, will be held criminally responsible. "
Progress, while the second peer review there are still many deficiencies and shortcomings. Of course, a law amendment and the advance of any rights is in discussions with the game snake. How perfect, practical to combat domestic violence, need to keep sound.
This year from November 25 to December 10 "action to eliminate violence against women 16th" period, the girl launched "we want a XX anti-domestic violence law" online questionnaire, eventually recovering 72 users feedback and personal stories. The demands of these users have already responded in the draft in the second instance, there still is only civil voices. According to the recovery of the questionnaires, girl, summarized below, ten users want can be done after the anti-domestic violence law (ranking by voices from high to low):
Deny discrimination
Anti-domestic violence law in line with the principles of Justice, equity, avoiding discrimination against any gender identity and sexual orientation, the scope includes legal marriages, ex-spouses, common-law relationships, partner, ex-partner relationship and not be limited by gender, sexual orientation.
Netizen "peaches": justice and the protection of women in today's society, China--the gender inequality problem is becoming more serious, and can be seen on many news reports on domestic violence cases. However it is lamentable that, the vast majority of decisions are males in the asylum, women get punished very few male domestic violence. This reduced the cost of men commit the offences of domestic violence, leading to more derivative of domestic violence and proliferation of real-life women's status and rights have not been well protected. Prejudice and discrimination itself helps men's violence, society and laws to give women more protection, improve the status of women and promotion of gender equality and social harmony.
Netizen "FuFu": protected object should include a variety of intimate relationships – relationships increasingly pluralistic society, there may be many in the future and I do not choose to get married this is currently the only legal relationship, in the intimacy of personal security requires protection under the law.
Operability
Anti-domestic violence law has strong operability, the relevant departments clearly specified powers and responsibilities, mutual coordination, eliminate some passes and not as a phenomenon.
Netizen "囧 blue chest": my mother was a strong woman, my dad is a relatively weak full-time husband is listening to my grandmother, but this does not affect their conflicts. Speaking is the beginning, because financial I felt a face often fight with my mom and dad, and later in the primary school evolved into the hands, led to my mother's head was smashed into the hospital. Spring Festival of the year, I chose to call the police, much that the police can stop them ... ... However got was "what do you have such a good girl" a variety of slurred speech without actually effects persuasion.
Friends "aunt": see domestic abuse of women have nowhere to go, regardless of the police, her in-laws don't ask, looking at young children bear in silence ... ... What else can women's Federation to help help on? Urge you to go home at last. Without legal sanction of the perpetrator, the victim how to emerge from the shadows? Married women who need legal protection, isn't it?
Consider vulnerable groups
Anti-domestic violence law covered all likely to be family members of the victims of domestic violence, women, the elderly, children and other vulnerable groups in society's interests to be taken into account among other things.
Netizen "Tu Tu Tu": ignore marriage licenses, ignoring blood ties – Dong Shanshan was domestic abuse to death, the perpetrator was sentenced to 6.5 years on charges of abuse, makes me feel sad, heartbreaking. And many times in our life have had "a couple of things we can't control," "urging them not away" reasons such as family violence to turn a blind eye to the phenomenon. But between husband and wife, children, the old man's violence is often not effective a deterrent.
Supportive environments
Anti-domestic violence law is committed to providing support to the victims of the social and cultural environment, popularize anti-domestic violence-related learning, making society aware of domestic violence is not a family matter, avoid the secondary victimization of victims brought the cultural.
Netizen "Ren": fairness, justice, hope the public security organs will really pay attention to it, not like this exist in name only--my sister was hit by her husband, almost suicidal thoughts, she was not divorced, because of social pressure and social prejudice. Her husband is a deadhead, well-dressed, well-mannered, but is actually a repeat offenders of domestic violence. I hope to be able to use legal means to punish the perpetrators of domestic violence, exposing their suit colours.
Punish perpetrators
Anti-domestic violence law should severely punish the perpetrators, thereby increasing its costs, improve the deterrent effect of the law, in line with the principle of maximizing the benefits for victims, on reasonable sentencing perpetrators. Victims grievous bodily harm for the offender and, if necessary, can open the offender personal information means.
Netizen "Reneexue": used to listen to my mother about her colleague spent aunt, her husband treated her very well, but after drinking alcohol domestic violence, was playing to eye bruise, fracture of the body occurs. Spend my son adult work, she decided to divorce, but men still come to harass and eventually marry her son because she was afraid to meet her ex-husband was absent. My family had been neighbors, heard the noise at night, heard alarming 110 not once twice. There was my father's relatives, the woman is also the man to the rib fractures, but because she did not divorce. Domestic violence every minute around the homes of ordinary people, as well as physical, some mental violence is not restricted, but at least in the case of physical evidence, the perpetrators were certain constraints.
Expanding the scope of violence
Anti-domestic violence law, the definition of domestic violence, in addition to physical violence, but also of marital rape, sexual abuse, emotional abuse, psychological abuse and economic control.
Netizen "old witch": want to like the United States the same effect anti-domestic violence law. Hands on compensation, to restrict close to Wilson. Marital rape should be included within the scope of. Chinese consciousness is too strong, and married his wife was private property, what do want to do. Now the news her husband boyfriend killed a woman so much, too insecure.
Protect the rights of victims in divorce
Anti-domestic violence law should protect victims of domestic abuse in domestic violence issues in divorce disputes led to the legitimate rights and interests. When the Court imposed in such cases, should take full account of domestic violence to the victim's physical, psychological abuse, domestic abuse written into the divorce decree, custody, financial compensation, on issues such as Division of property, fully consider the rights of victims of domestic violence. Interview Xu Jingbo Japan when their civilization
Netizen "cheese": prior to the divorce of their parents, many nights were awakened by the sound of their quarrel, once MOM and dad almost choked, but when a mother wants to divorce, no laws will really support her finally divorced, my mother gave my father a sum of money. I hope to have when you really care about violence against women in marriage, there are laws. No longer is a family matter, and chores not violence, not to harm.
Force
Anti-domestic violence law should be enforced, not because of "customs" and selective enforcement.
Netizen "Li Yue": after the violence, and hope that the law allows me to get real help. Saw China's many laws are the same as a declaration, there is no real operational. Violence between couples, said according to the punishment of Law Ordinance, police say young couple bicker, rarely in accordance with that law. Some same-sex couples, there was nobody, make friends because police think the spat finally becomes law there, suffer violence but could not be helped. Now the Bill on combating domestic violence, there is a similar problem. So I hope the real anti-domestic violence law passed last may not be detached from reality, not to be pigeonholed.
Netizen "wind grass": real guaranteed people's rights in the family, and when rights are violated to have laws to protect victims from secondary damage, and strictly enforced. Sometimes domestic violence is invisible, if exposure to the violence of the unconscious, and even taken for granted, and helplessness, indifference to human rights is undoubtedly the tragedy of this society.
Psychological intervention
For providing psychological assistance to children victims, battered family, also imposed on perpetrators of forced psychological intervention.
Habeas corpus
Anti-domestic violence law should contain content related to habeas corpus.
In all the comments of netizens, also share a number of contradictions and disputes. As nearly half of users think anti-domestic violence law should provide police, courts of law, women's federations, communities, and other related duties of the Department, to ensure that anti-domestic violence law enforcement duties and responsibilities, but some people don't know who proposed to monitor the implementation of all departments.
No one monitoring anti-domestic violence law, can effectively implement it? Punish the perpetrators really can reduce the incidence of domestic violence, please? After the concept of perfect, and define how to confirm the standard of proof? Protection orders, but who is going to implement? …… These issues, we need to continue discussions and future intervention practice gradually solved. But in any case, legislation against domestic violence should not be built castles in the air, and should pay more attention to the voices of all, and the actual need, and ultimately make better use to eradicate violence, access to free and dignified life for all.
(Authorized this article reprinted from feminist voices public genderinchina. ）
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