First, the provisions of the anti-domestic violence law

Domestic Violence Act of People's Republic of China (PRC)

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of preventing and stopping domestic violence, protecting the legitimate rights and interests of family members, maintaining equal, harmonious and civilized family relations, and promoting family harmony and social stability.

Article 2 The term "domestic violence" as mentioned in this Law refers to physical, mental and other violations committed by family members by beating, binding, maiming, restricting personal freedom and frequent abuse and intimidation.

Article 3 Family members should help each other, care for each other, live in harmony and fulfill family obligations.

Combating domestic violence is the responsibility of the state, society and every family.

The state prohibits any form of domestic violence.

Fourth people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in anti-domestic violence.

The relevant departments, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and institutions of the people's governments at or above the county level shall do a good job in combating domestic violence in accordance with this law and relevant laws.

People's governments at all levels shall provide necessary funds for the work against domestic violence.

Fifth anti-domestic violence work should follow the principle of giving priority to prevention, combining education, correction and punishment.

Anti-domestic violence work should respect the true wishes of the victims and protect the privacy of the parties.

Special protection should be given to minors, the elderly, the disabled, pregnant women, lactating women and seriously ill patients who suffer from domestic violence.

Chapter II Prevention of Domestic Violence

Article 6 The State publicizes and educates family virtues, popularizes knowledge of anti-domestic violence and enhances citizens' awareness of anti-domestic violence.

Trade unions, communist youth leagues, women's federations and disabled persons' federations shall, within their respective scope of work, organize publicity and education on family virtues and anti-domestic violence.

Radio, television, newspapers and the Internet should publicize family virtues and combat domestic violence.

Schools and kindergartens should carry out education on family virtues and anti-domestic violence.

Seventh relevant departments of the people's governments at or above the county level, judicial organs and women's federations shall incorporate the prevention and suppression of domestic violence into professional training and statistical work.

Medical institutions should record the diagnosis and treatment of domestic violence victims.

Eighth Township People's governments and sub-district offices shall organize the prevention of domestic violence, and the residents' committees, villagers' committees and social work service agencies shall cooperate and assist.

Article 9 People's governments at all levels shall support social organizations such as social work service agencies to provide services such as mental health consultation, family relationship guidance and knowledge education on the prevention of domestic violence.

Article 10 People's mediation organizations shall mediate family disputes according to law to prevent and reduce the occurrence of domestic violence.

Article 11 If an employing unit finds that its personnel have domestic violence, it shall give criticism and education, and do a good job in mediating and resolving family conflicts.

Article 12 Guardians of minors shall conduct family education in a civilized manner, perform their duties of guardianship and education according to law, and shall not commit domestic violence.

Chapter III Disposal of Domestic Violence

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.

Article 15 After receiving a report of domestic violence, the public security organ shall promptly send police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and injury identification.

If a person with no capacity for civil conduct or with limited capacity for civil conduct is seriously injured due to domestic violence, faces a threat to personal safety or is in a dangerous state such as unsupervised, the public security organ shall notify and assist the civil affairs department to place him in a temporary shelter, a rescue management institution or a welfare institution.

Article 16 If the circumstances of domestic violence are minor and the public security administration punishment is not given according to law, the public security organ shall criticize and educate the offender or give him a warning.

The warning should include the identity information of the offender, the fact statement of domestic violence, and the prohibition of domestic violence by the offender.

Seventeenth public security organs shall issue warnings to the perpetrators and victims, and notify the residents' committees and villagers' committees.

Residents' committees, villagers' committees and police stations shall visit the perpetrators and victims who have been warned, and supervise the perpetrators not to commit domestic violence again.

Article 18 The people's governments at the county level or at the municipal level with districts may set up temporary shelters alone or relying on relief management agencies to provide temporary living assistance to victims of domestic violence.

Nineteenth legal aid institutions shall provide legal aid to victims of domestic violence according to law.

The people's court shall postpone, reduce or waive the litigation costs of victims of domestic violence according to law.

Article 20 When trying a case of domestic violence, the people's court may determine the facts of domestic violence according to the transcripts, warnings, injury appraisal opinions and other evidence of the public security organ.

Article 21 If a guardian commits domestic violence and seriously infringes on the lawful rights and interests of the ward, the people's court may revoke his guardianship qualification according to law and appoint another guardian upon the application of the ward's close relatives, residents' committees, villagers' committees, civil affairs departments of people's governments at the county level and other relevant personnel or units.

The offender whose guardian qualification has been revoked shall continue to bear the corresponding maintenance, support and maintenance expenses.

Twenty-second trade unions, the Communist Youth League, women's federations, disabled federations, residents' committees and villagers' committees. Educate the perpetrators of domestic violence according to law, and provide psychological counseling to the perpetrators and victims when necessary.

Chapter IV Personal Safety Protection Order

Article 23 If a party suffers from domestic violence or faces real danger of domestic violence and applies to the people's court for a personal safety protection order, the people's court shall accept it.

If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf.

Twenty-fourth applications for personal safety protection orders shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it.

Twenty-fifth cases of personal safety protection orders shall be under the jurisdiction of the basic people's courts in the place where the applicant or the respondent lives and where domestic violence occurs.

Article 26 A personal safety protection order shall be made by the people's court in the form of a written ruling.

Twenty-seventh issued a personal safety protection order, shall meet the following conditions:

(a) there is a clear respondent;

(2) Having specific requirements;

(three) suffering from domestic violence or facing the real danger of domestic violence.

Article 28 After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within twenty-four hours.

Article 29 A personal safety protection order may include the following measures:

(1) Prohibiting the respondent from committing domestic violence;

(2) Prohibiting the respondent from harassing, stalking or contacting the applicant and his close relatives;

(3) Ordering the respondent to move out of the applicant's residence;

(4) Other measures to protect the personal safety of the applicant.

Thirtieth personal safety protection order shall be valid for no more than six months and shall take effect from the date of making it. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application.

Article 31 If the applicant refuses to accept the rejection of the application or the respondent refuses to accept the personal safety protection order, he may apply to the people's court that made the ruling for reconsideration once within five days from the effective date of the ruling. If the people's court makes a personal safety protection order according to law, the execution of the personal safety protection order shall not be stopped during the reconsideration period.

Article 32 After making a personal safety protection order, the people's court shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. Personal safety protection orders shall be executed by the people's courts, with the assistance of public security organs, residents' committees and villagers' committees.

Chapter V Legal Liability

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.

Chapter VI Supplementary Provisions

Article 37 Acts of violence committed by people other than family members living together shall be handled with reference to the provisions of this Law.

Article 38 This Law shall come into force as of March 6, 2065438 +0.

Second, how to save yourself in case of domestic violence

When we encounter domestic violence, we can protect ourselves from domestic violence by applying for habeas corpus. If a party applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it.

If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf. The application for personal safety protection order shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it. Cases of personal safety protection orders shall be under the jurisdiction of the grassroots people's courts in the place where the applicant or the respondent has his domicile or where domestic violence occurs, and personal safety protection orders shall be made by the people's courts in the form of written rulings.

Third, how should the party who is at fault for domestic violence during divorce compensate?

Divorce fault damages include material damages and mental damages.

Compensation for material damage means that the fault of the actor causes damage to others, and the injuring party should compensate the victim for economic losses according to law. In divorce proceedings, if the behavior of the wrong party causes economic losses to the victim, the wrong party should compensate for the economic losses, such as medical expenses, nursing expenses, transportation expenses, etc. Caused by one party's domestic violence against the other.

Compensation for mental damage means that the fault of the actor causes damage to others, and the injuring party should compensate the victim for the mental loss according to law. We should safeguard people's family happiness and oppose domestic violence.

Legal objectivity:

Core content: The Marriage Law stipulates how to deal with domestic violence. Victims of domestic violence have the right to make requests, and the relevant units shall dissuade and mediate. Domestic violence can be regarded as the legal cause of divorce, and victims of domestic violence can apply for compensation for divorce fault. Legal treatment of domestic violence: 1. According to the provisions of 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. The relevant laws of the Marriage Law stipulate: Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation of a spouse 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. Forty-third domestic violence or abuse of family members, the victim has the right to make a request, and the residents' committee, 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 Whoever commits domestic violence or maltreats or abandons family members in bigamy shall be investigated for criminal responsibility 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 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.