This year is the fifth year of the implementation of the Anti-Domestic Violence Law. Li Xia, deputy to the National People’s Congress and director of Guangdong Baihao Law Firm, put forward relevant suggestions on the trial of domestic violence cases. Raise the standard of compensation for domestic violence perpetrators to the victim. At the same time, when the joint property of the husband and wife is divided by divorce, the property may be less or not divided among the domestic violence persons.

Domestic violence has already involved criminal offenses. The state apparatus must intervene if it is impossible to clarify the system that officials are difficult to break in housework, the system that can not engage in the muddy mud, and the system of wind and rain, the king, and the inaccessibility. When it is difficult to impose time-effective deterrence on the perpetrator, the perpetrator must be effectively held accountable after the fact. This latter accountability must be resolute and forceful. At the same time, the evidence collection work must not be too confined to general criminal cases. Strict evidence collection procedures, and appropriate relaxation of standards based on the actual situation, because domestic violence naturally has the problem of difficulty in obtaining evidence, but should not give up food or throw rats because of choking. Property rights punishment through the division of property should be a supplement to domestic violence punishment, but not the whole thing. If you hit someone, you must not only pay compensation, but also buy oranges. This is the world of great harmony. At the same time, property rights punishment can also become a kind of terrorist balance and a powerful deterrent to domestic violence elements. These people dare to commit violence to their family members, which shows that they have no family feelings in their hearts and take the emotional route to a dead end. Only more material measures can be effective. Disciplinary. In addition, this proposal also has shortcomings. The main reason is that it only considers the domestic violence between husband and wife, and does not consider the domestic violence of parents against their children. Parents should not have the right to control the birth and death of their children, and the personal rights of children should also be obtained. With strong protection, measures should be added to punish parents for domestic violence against their offspring by means of property rights to prevent the tragedy of the native family from spreading further.

zhiwo

By zhiwo

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helpmekim
7 months ago

Absolutely agree, this proposal is absolutely positive, and for the abused, it is also a kind of tendentious protection of property. However, judging from the current relevant laws, regardless of the previous marriage law or the current civil code, domestic violence was not regarded as an essential component of less or no division of property. Only in the case of domestic violence, the right to claim damages for the innocent party is stipulated. Why is there no provision for domestic violence in terms of distributing or distributing property? On the one hand, from the perspective of the original legislative intent, property rights and personal rights need to be separated and should not overlap each other too much; on the other hand, the scope of the specific understanding of domestic violence is difficult to grasp and determine in reality. If coercive acts such as beating and binding are good for identification, there are still some cold violence that lack corresponding regulations and standards and it is difficult to obtain evidence. For property rights, pre-marital property and post-marital property are stipulated. Therefore, the division of property caused by the consequences of domestic violence can only be carried out in the joint property during the existence of the marriage. If domestic violence is linked to property rights, it will inevitably produce a large number of pre-marital property behaviors and fewer couples’ joint property.

heloword
7 months ago

First of all, I declare that I am opposed to domestic violence and that I am an extremely peaceful person. I completed an idea within ten seconds of seeing this problem. In a certain Buck, a person suddenly beat and insulted a pair of men and women, and found that the spouse who was beaten was suspected of having an affair. After the fight, they found that this pair of men and women were actually cousins ​​who met together normally, so public opinion condemned the violent party. Scolded until she died. The perpetrator was divorced and left home due to domestic violence. However, in fact, this is a plot of family property that the other party has conceived for a long time. The former party deliberately sent ambiguous messages to strangers on the mobile phone, so that his spouse could see the date of the date, and then the above scene appeared. It is reasonable to note a little baby to a cousin whom your spouse has never met. You see that the misunderstanding is your business. When you arrive at the dating place, you just want to ask, but you didn’t expect that the other party is aggressive and wants to force you to do it. He hits you and your spouse will pull you, and you hit the other party and your spouse helps prevent the injury. As long as it’s an unmonitored place, what do you say is clear Was the injury on your spouse hit by the other party or by you? In this round, you only need to get there. If you don’t do it, the other party will do it, and you will lose when you get there. My cousin/cousin’s feelings are so good that it makes sense to act when you see you bullying, right? The game I conceived in ten seconds would be much more perfect if someone were to execute it and it would take two days to plan. Domestic violence should allow the perpetrator to be punished by administrative or action, rather than benefit one of them. Otherwise, as long as such a bill comes out, someone will inevitably exploit this loophole. As I said, there are mental arithmetic but unintentional. , As long as you go, it’s useless if you don’t do it. I reiterate once again that I oppose domestic violence and oppose the reduction of one party’s punishment because of a husband and wife relationship.

helpyme
7 months ago

1. Question: Should the woman have more family property due to her derailment and domestic violence? Answer: Share it equally. Although the woman made a mistake in cheating, she was abused by the family. 2. Question: How should the woman be derailed by domestic violence? Answer: The woman has more points. Although derailed, but because it was derailed by domestic violence, so you need more points. 3. Question: How should the man be derailed by domestic violence? Answer: Evenly, the woman’s domestic violence is at fault, and the man’s derailment is also at fault. The above situation is all fabricated, and I oppose this kind of proposal. Let me briefly say a few reasons: 1. The current situation in China is that the woman is a victim of domestic violence, which hinders the trial of the case. 2. Domestic violence has been punished by law. 3. If the man is domestically abused, it is difficult to prove that he is the victim. 4. The establishment of this law will only promote the complication of the division of divorce property, and the existing marriage law is already perfect. Maybe a divorce will be born. 5. This law is to reduce domestic violence, but in fact, this law does not reduce domestic violence and does not promote family harmony

sina156
7 months ago

I support fewer points, but I don’t support any difference, because sometimes it is difficult to judge whether the two couples have domestic violence or not, who is domestic violence and who does not count as language domestic violence. Recently, there have been too many cases where the woman slandered the man and led to the death of the man’s club. There have been too many women having affair, which caused the man to be unable to accept domestic violence. In the end, the man went out of the house, and the woman took the money and continued to live happily with the man who had the affair. A suggestion to suggest that domestic abusers should score less is not enough. This suggestion requires a lot of rigorous research to prove it, and create more relevant laws and regulations around this suggestion to improve this suggestion.

yahoo898
7 months ago

I suggest increasing the personal punishment for domestic abusers, such as lowering the threshold of penalties, increasing the sentence, etc., but I do not agree with the substantial increase in compensation for property. Because once you make something profitable, someone will take the risk. For example, the proportion of self-harm pretending to be domestic violence is likely to increase significantly. For example, deliberately angering each other, deliberately causing domestic violence, etc. This will be even more detrimental to protecting those who really suffer from domestic violence. For example, many people who have actually suffered domestic violence will be suspected of disguising themselves for huge compensation.

leexin
7 months ago

Not only do I support less or no distinction, but I also support severely cracking down on perpetrators of domestic violence and increasing penalties. Multi-pronged, laws and regulations, internal rules and regulations, village rules and regulations, etc., make domestic abusers lose money and shame, such as rats crossing the street, everyone shouts and beats. Ideal is full, the reality is very skinny. This suggestion is very good, but how difficult is it to implement? First of all, how to identify and obtain evidence of domestic violence? Wait until you get beaten up and get divorced, maybe that’s dying. Secondly, it is cold violence, which is probably more terrifying than force. It is said that the lock is to lock the gentleman and not the villain. The anti-domestic violence law is also the same. For those scumbags, a good starting point is probably not enough. We must also use social forces. The community, neighbors, units, etc., witness testimony can be used for evidence collection.

greatword
7 months ago

I think that if idealization can be achieved, then I think no one will not support it. Those who do not support may have some concerns about the problems that may arise in the implementation and judgment process. For example, domestic abusers also see this. So will he consciously hide and destroy evidence during domestic violence? Will it make it difficult to obtain evidence of domestic violence? Will there be excessive behavior towards the victim’s request for divorce? We can’t judge whether the domestic violence person will further drag himself down to do more irreparable things, so how do we protect the victims? From a rational and legal point of view, it is right for the injured person to get more financial compensation, but those who hurt others will not sit and wait for death. Let me give an extreme analogy. Why can’t all traffickers be executed because they Once they become desperadoes, then those kidnapped children may not have a chance to survive. They are criminal evidence to human traffickers, and desperadoes will definitely destroy their own criminal evidence. So the idea of ​​the proposal is very good, but it will not necessarily be adopted, because we must have further methodology in the following links, especially in the implementation of judgments and prevention of excessive behaviors, to make such a reasonable and reasonable approach. The legal proposal has truly been implemented, and it has truly benefited those who have been hurt in marriage, and has also warned those who tend to be violent.

loveyou
7 months ago

I don’t support it. This suggestion is very reasonable, especially reasonable. However, it really cannot be implemented. Domestic violence is a pocket crime, and it is difficult to obtain evidence and identification. First of all, it is hardest to tell who has the domestic violence. In such a situation, a woman went to report with her whole body injured, saying that her husband had domestic violence. The police investigation was indeed the case, and it was her husband who had beaten her. However, in-depth investigation found that the wife wanted to divorce her husband and used domestic violence against her many times. She needed stimulation and made her bad-tempered husband attack her. How is this case calculated? More importantly, can the prosecutor investigate this step? More importantly, if a person claims on the Internet that he has suffered domestic violence, if this law really exists, will it cause judicial pressure? These are some of the problems that can be avoided by judicial means, but what I say below is likely to be impossible to avoid by judicial means. Domestic violence evidence collection mainly relies on scars and personal evidence. This type of evidence is too easy to be falsified. How many of your relatives and friends know that you have been subjected to domestic violence? And are relatives and friends as witnesses really credible? Therefore, the unenforceable crime will only become a loophole for the cloaked beast to take advantage of the loopholes.

strongman
7 months ago

It may be unfair to restrict female victims of domestic violence, so what about invisible domestic violence? What about mental bullying and violence? Is the evidence collection method to report the case, injury identification or court ruling? Is it a veto or a degree? How well is it played or the number of times? Conversely, scum men (women dare not say) use this loophole to create illusions? Will it add another income-generating opportunity to the fairy jumping and cheating marriage? These problems do not know whether it is possible or not, and how to prevent them in detail. Finally, before domestic violence is punished, it is possible to identify domestic violence and to help encourage the victim to stand up. Not being retaliated is also a prerequisite, right? Work in this area may have a long way to go. Even in the city, now that the weaker party reports to the police, it is very likely that he can only mediate and persuade at the beginning. Your mediator is gone on the front foot, and you will be cleaned up in the back. Is there any way to prevent it?

stockin
7 months ago

It may be unfair to restrict female victims of domestic violence, so what about invisible domestic violence? What about mental bullying and violence? Is the evidence collection method to report the case, injury identification or court ruling? Is it a veto or a degree? How well is it played or the number of times? Conversely, scum men (women dare not say) use this loophole to create illusions? Will it add another income-generating opportunity to the fairy jumping and cheating marriage? These problems do not know whether it is possible or not, and how to prevent them in detail. Finally, before domestic violence is punished, it is possible to identify domestic violence and to help encourage the victim to stand up. Not being retaliated is also a prerequisite, right? Work in this area may have a long way to go. Even in the city, now that the weaker party reports to the police, it is very likely that he can only mediate and persuade at the beginning. Your mediator is gone on the front foot, and you will be cleaned up in the back. Is there any way to prevent it?
The copyright belongs to the author. For commercial reprints, please contact the author. I suggest that language violence and any other forms of cold violence should be included in the consideration of domestic violence at the same time, and any behavior that intensifies contradictions should not be spared. And the above behaviors are graded according to the degree of harshness and insignificance, and the behavior of [brushing the toilet with a lover’s toothbrush] is rated as the same level as the more cruel heat and violence, and the [mental injury] and [physical injury] are at the same level. Consider under the system and serve as a basis for conviction. Therefore, the NPC deputies proposed that I think it is very advanced, and at least it needs the development of science and technology to be able to visualize and accurately identify the mental injury. One step further, splitting wood with an axe and concrete with an axe cause very different damage. Convicting the perpetrator in terms of the degree of damage violates [the equal status of wood and concrete in freedom and dignity], so we need to do Yes, it is based on the degree of damage to reverse the [the sharpness of the axe and the kinetic energy of the axe blade when it falls on the material]. Therefore, if one of the two sexes has a serious mental injury while the other has a milder injury, it cannot be judged that the former suffers more damage. A visual consideration of the mental toughness of the two should be added to determine which of the two sides is more mentally attacked. bad. In addition, I have a question: If the physical injuries of the two sexes are different, but one party has practiced iron cloth shirts. The person who had practiced the iron cloth shirt was shot unscathed, while the person who had not practiced the iron cloth shirt was blown into serious injuries. At this time, we should determine who this is the domestic violence against whom? Whose domestic violence is worse Are people who have practiced iron cloth shirts equal to ordinary people in terms of domestic violence?

Last edited 7 months ago by zhiwo
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