Awesome's anti domestic violence system gives victims the courage to say "no"
2024-11-27
November 25th is International Day for the Elimination of Violence against Women, also known as International Day for the Elimination of Domestic Violence. In order to further enhance the attention and importance of the whole society towards anti domestic violence, effectively safeguard the legitimate rights and interests of women, children and other victims of domestic violence, and form a strong deterrent against perpetrators and potential perpetrators, the Supreme People's Court and the All China Women's Federation jointly released 5 typical cases of anti domestic violence crimes. The 5 cases released this time involve some perpetrators who planned to kill due to dissatisfaction with the other party's divorce lawsuit, some focusing on the situation of killing the perpetrator due to unbearable long-term severe domestic violence, and some demonstrating the positive example of victims bravely saying "no" to domestic violence, fully reflecting the complex aspects of such cases. Due to the differences in the causes, motives, and specific situations of domestic violence cases, they indeed have strong complexity and diversity, and the relevant handling cannot be generalized. But the more complex it is, the more necessary it is to conduct in-depth analysis by category, clarify the legal responsibility and corresponding punishment of the perpetrator, and provide more comprehensive, sufficient, and timely protection for the victims. The release of these typical cases not only demonstrates a clear attitude of zero tolerance towards domestic violence, but also provides guidance for subsequent judicial practice. By reviewing the basic facts and verdicts of these cases, it is clear that the judicial philosophy of balancing leniency and severity runs through them. In case one, the defendant Xie Mouyu not only frequently beat and insulted his wife, but also plotted revenge murder due to dissatisfaction with his wife's divorce lawsuit, which was extremely heinous in nature and had particularly serious consequences. Based on this, the court clarified that his behavior constituted intentional homicide and sentenced him to death. In case two, although the defendant Zhao Moumei's behavior constituted the crime of intentional homicide, considering her long-term exposure to domestic violence, serious physical and mental damage, unbearable anger and injury, and killing the perpetrator, the court also determined that her intentional homicide was "relatively minor" and imposed lenient punishment in accordance with the law. The principle of balancing leniency and severity, and punishing according to the crime, avoids improper misjudgment caused by a simple "one size fits all" approach, making relevant judgments more reasonable and appropriate. The typical case released this time also responds to common social misconceptions and victims' concerns in a targeted manner. For example, some perpetrators mistakenly believe that alcohol abuse can be treated leniently and use this as an excuse for their illegal behavior. The effective judgment of the court in the relevant case clearly states that whether one was drunk at the time of the incident does not affect the determination of the nature of their behavior, nor is it a consideration factor for lenient punishment, effectively blocking the "backdoor" for escaping responsibility. In reality, there are still many victims who are ashamed to seek help from the outside world when they suffer from domestic violence due to outdated concepts such as "family shame should not be exposed", and only silently endure it themselves; Due to concerns about the negative impact on the child's growth, there are still hesitations when cutting off the "toxic" marriage relationship; Due to the fear of not being taken seriously after seeking help from others, the perpetrator may lose courage and face retaliation upon discovery; Or due to a lack of stable economic sources, it may be difficult to make decisions about life after divorce due to uncertainty. The typical cases of anti domestic violence jointly released by the Supreme People's Court and the All China Women's Federation not only have clear guiding significance at the legal level, but also provide many references and inspirations for the improvement of social concepts and support systems. For example, in case three, the victim Ding (female) decided to divorce due to domestic violence and sought help from the local women's federation. After learning that family changes had caused Ding's son to develop feelings of inferiority, aversion to learning, and even suicidal thoughts, local women's federation staff helped to contact a psychological counselor to provide him with psychological counseling. After several counseling sessions, her emotions were relieved and her relationship with her mother improved. This also indicates that children should not become the "soft spot" for domestic violence victims to give up their legal rights and silently endure harm. As long as they handle it properly and guide children to truly realize the problems in family relationships, seeing the real pain of victims can help them untie their emotional knots and learn to respect their parents' rational choices. In this case, Ding bravely stood up and spoke up for himself, seeking help from the Women's Federation, applying for a personal safety protection order from the court, and filing a divorce lawsuit. These "textbook style" practices also provided a correct example for other victims to actively use legal weapons to resist domestic violence. The Anti Domestic Violence Law of our country clearly states that "combating domestic violence is the joint responsibility of the state, society, and every family. The above typical cases once again show that only when the legal system against domestic violence is effective and the support system in all sectors of society is more "awesome" can the survival soil of domestic violence be truly eliminated, so that the victims have the confidence and ability to say "no" to domestic violence. (New Society)
Edit：Luo yu Responsible editor：Jia jia
Source：China Youth Daily
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