People often talk about domestic violence, but it is far from violence stipulated by law. In a marriage relationship, one party hits the other, which is domestic violence. According to relevant laws, violence may occur on different subjects. So what is legal violence? Let me sort out the relevant information for you, hoping to help you.
1. What is violence in law?
Violence, literally speaking, violence is fierce and cruel; The force here is the function of muscle movement. Violence is a vicious and cruel behavior for people; For the class and the country, it is the coercive force of the ruling class, such as the army, the police, the courts, etc., to deal with the ruled class. There are different interpretations of the legal meaning of violence: some people think that violence refers to violence that infringes on the personal and property rights of others; Some people think that violence refers to a vicious and cruel means adopted by the perpetrator to destroy and force others' bodies when infringing on their personal and property rights; Some people think that violence refers to violent acts such as beating, binding and hurting victims.
Second, how to identify the violence in the crime of rape
"Violent means" means that criminals directly use such means as beating, binding, pinching and pressing. Endangering personal safety or personal freedom, making women irresistible.
"Coercive means" refers to the means by which criminals threaten and intimidate the victimized women to achieve mental coercion. For example, threatening retaliation, exposing privacy to harm relatives, using superstition to intimidate and deceive, using upbringing, subordination, authority and isolated environmental conditions to intimidate and persecute. , forcing women to submit to humiliation and dare not resist.
Those who are educated, have subordinate relations and use their power to have sex with women cannot all be regarded as rape. The perpetrator used the special relationship with the murdered woman to force her to submit, such as the adoptive father forcing the adopted daughter to tolerate her adultery through abuse and deduction of living expenses; Or the perpetrator uses his power to rape a woman, which constitutes rape. If the perpetrator uses his power to seduce the woman, and the woman has sex with him on the basis of mutual use, it may not be rape. For those who consistently use their power to rape many women, if the circumstances are bad, they can be sentenced to hooliganism.
"Other means" means that criminals use means other than violence or coercion, which makes the victimized women irresistible. For example, using women to commit adultery when they are seriously ill and asleep; Rape women by means of drunkenness, drug anesthesia, using or pretending to treat diseases, etc.
Third, how to obtain evidence of domestic violence.
(a), the occurrence of domestic violence, in addition to both parties, the testimony issued by their children and neighbors is also a strong evidence that one party committed domestic violence. It should be pointed out that in divorce proceedings, witnesses need to apply according to law. Witness testimony must objectively reflect the actual situation at that time, and witnesses need to appear in court in person to accept the judge's inquiry and the other party's cross-examination. When a husband commits domestic violence, he should promptly ask his neighbors, residents' committees (villagers' committees) or their units to dissuade and mediate.
(2) Audio-visual materials are indirect evidence, which cannot prove the facts of the case alone or directly. In addition to the court's review and verification, it needs to be mutually verified with other evidence in order to form an evidence chain and be recognized. Compared with direct evidence, proof is less effective. In order to achieve the same proof purpose, other evidence is needed to support it. This part of the evidence mainly refers to the chat records of both parties, the recording of the other party's admission of domestic violence, the video of injury and so on.
(3) Try to let neighbors and neighborhood committees know that in order to avoid the escalation of violence, they can also ask their relatives and friends for help in time and let them tell their unfortunate experiences at the scene or afterwards.
(4) Pay attention to the alarm. Once you are attacked by violence, you should call the police in time. The report record or inquiry record kept by the police station is strong evidence in the future.
To sum up, we often see some videos about violence on the Internet. In these videos, the perpetrators beat and humiliate others, and the violence has a very bad impact on society. In the above article, I mainly introduced to you what is legal violence. If you don't understand, it is recommended to find a professional lawyer.