Elimination of domestic violence depends on the rule of law

November 25 this year is the 20th International Day for the Elimination of Domestic Violence determined by the United Nations. On this day, a well-known makeup blogger disclosed his experience of domestic violence, and the police have now been involved in the investigation.

Home and everything. Victims who have been in the turbulence of domestic violence for a long time have suffered serious damages to their legitimate rights and interests, such as suffering from “family cancer”, which urgently needs the care and management of the national society. According to relevant statistics from the United Nations, at least one-third of women worldwide have suffered domestic violence, including sexual abuse between husbands and wives, frequent abuse, binding, restrictions on freedom, etc. In the U.S., domestic violence occurs in a quarter of households, with an average of 7.4 seconds between a husband and his wife. In China, about 30% of the 270 million families in the country said that they had suffered domestic violence, and nearly 100,000 families are disintegrated each year due to domestic violence.

Domestic violence governance has become a global governance problem. In fact, the United Nations adopted the Declaration on the Elimination of Discrimination against Women in 1967, and subsequently the Convention on the Elimination of All Forms of Discrimination against Women and the Declaration on the Elimination of Violence against Women. It was held in Beijing for the fourth time in 1995. The World Women’s Congress adopted the Programme of Action, which explicitly listed domestic violence as a key concern for women’s protection. In China, the Anti-Domestic Violence Law was specifically implemented in 2016, which incorporated domestic violence governance into the rule of law adjustment model, stipulating that if an offender is subjected to domestic violence, which constitutes a violation of public security management, the public security management shall be punished according to law; if a crime is constituted, according to law Be held criminally responsible.

The implementation of the rule of law focuses on citizens’ understanding, respect and conscious maintenance of the law. The reason for the occurrence of domestic violence is often that citizens have a vague concept of what is “domestic violence”: the perpetrator does not know that he is committing a crime and thinks he is just “spreading” with his wife and children; the victim does not know that he is entitled to a variety of assistance provided by the law The way, there is a family ugliness that cannot be advertised, and “there is no way to cry.” China’s “Anti-domestic Violence Law” clearly stipulates that domestic violence refers to physical, mental and other violations committed by family members by means of beating, binding, maiming, restricting personal freedom, and frequent abuse and intimidation. The state prohibits any form of domestic violence. Therefore, in the case of the above forms of domestic violence, the victim or close relatives can complain, report or ask for help to the victim or victim’s unit, residents ‘committee, villagers’ committee, women’s federation, etc., or report to the public security agency or Sue the people’s court.

The key to preventing and controlling domestic violence at the source lies in the fact that participants in multi-level governance can actively enforce law, prevent micro-duration, and intervene in a timely manner. As the most severe punishment, domestic violence may constitute the crime of intentional homicide under Article 232, the crime of intentional harm under Article 234, the crime of ill-treatment under Article 260, the crime of abandonment under Article 261, etc. , Up to the death penalty. However, if the domestic violence is not treated until serious consequences occur, it will undoubtedly lag behind and is not conducive to protecting the victims.

Therefore, according to the “Anti-Domestic Violence Law”, first of all, in terms of social governance at the grassroots level, schools, kindergartens, medical institutions, residents ‘committees, villagers’ committees and other institutions and their staff found that domestic violence or suspected domestic violence exists. The authorities report the case and take real responsibility. Secondly, at the level of efficient law enforcement, public security organs should promptly report to the police after receiving a report of domestic violence, and take effective measures to prevent them, otherwise they will be reviewed for malfeasance. Finally, at the level of judicial protection, upon application by the parties, the people’s court can immediately issue a personal safety protection order to the victims of domestic violence, including prohibiting the perpetrator from continuing the violence; prohibiting harassment, tracking, and contacting the victim and his related close relatives; ordering the perpetrator to move out Victim’s residence; other measures to protect the applicant’s personal safety, etc.

At the same time, considering that many women have been in a domestic violence environment for a long time, their mental state is in the extreme tension and panic of “learned helplessness”, that is, because of many escapes, failures to resist, etc., they often feel that they are doomed to escape from abuse. Situation, difficult to escape from the painful relationship with the perpetrator. Every domestic violence makes them feel more desperate and helpless. Based on this kind of “abuse of female syndrome” mentality to carry out counter-attack defense, resulting in the casualties of the perpetrators, the criminal judge should recognize the legitimate right of defense of the domestic violence woman, Because defenders have no responsibility, they are acquitted and protect women’s rights and interests.

The management and prevention of domestic violence is not a trivial matter. Only through the multiple channels of social participation and rule of law can women’s legitimate rights and interests be effectively guaranteed.