To what extent is domestic violence?

Recently, the word "domestic violence" once again appeared in Weibo's hot search, which triggered a heated discussion again after the recent "domestic violence man" incident in Wenzhou, Zhejiang. However, is domestic violence limited to physical violence and mental violence? What behaviors belong to domestic violence? What are the criteria for identifying domestic violence? The answers to these questions need to be given by the court at the time of judgment. Recently, Zhang Xu, director of Beijing Shi Jing (Shenyang) Law Firm, accepted an interview with a reporter from Beijing News.

1. Definition of domestic violence

Beijing News: What is domestic violence? Zhang Xu: Domestic violence belongs to the violence between family members, including physical violence, sexual violence and economic violence. It is usually manifested by the perpetrators' mental violence against the victims through language and threats. Zhang Xu: According to Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC): "Domestic violence as mentioned in this Law refers to the subject and consequences of domestic violence." But this provision is only a summary of domestic violence. In fact, there is no specific definition of domestic violence in China's laws, regulations and judicial interpretations. Beijing News: How do you understand and grasp the definition of domestic violence in People's Republic of China (PRC) Anti-Domestic Violence Law? Zhang Xu: Domestic violence usually refers to physical and mental aggression between men and women, such as beating, binding, mutilation, restriction of personal freedom and frequent abuse and intimidation. Domestic violence is not only between men and women, but also between family members and friends.

2. What behaviors in domestic violence belong to domestic violence?

It is not a criminal offence for a person identified as domestic violence to commit violence during marriage. It should be noted that some personal safety protection orders and divorce orders contain domestic violence. Personal safety protection order mainly refers to a protective measure that the people's court decides to revoke the respondent, order the respondent to move out of the applicant's residence and pay economic compensation according to the provisions of the first paragraph of Article 19 of the Anti-Domestic Violence Law of People's Republic of China (PRC). Ordering the applicant to move out of the respondent's residence mainly refers to the people's court ruling that the respondent will not move out or lift the personal safety protection order according to the provisions of the first paragraph of Article 19 of the People's Republic of China (PRC) Anti-Domestic Violence Law; Ordering the respondent to move out of the applicant's residence means that the people's court decides not to move out of the applicant's residence according to the provisions of the first paragraph of Article 19 of the Anti-Domestic Violence Law of People's Republic of China (PRC); Ordering the respondent to move out of the residence means that the people's court orders the respondent to move out of the residence according to the provisions of the first paragraph of Article 20 of the Domestic Violence Law of People's Republic of China (PRC).

3. What do you think of the criteria for determining domestic violence?

Zhang Xu: After the implementation of the Anti-Domestic Violence Law, the criteria for determining domestic violence have been clarified, but there are some differences in the understanding and application of relevant laws and regulations. First of all, according to the actual situation, the behavior stipulated by law is refined, such as the degree of domestic violence, physical violence or mental violence, so as to facilitate judicial practice. Secondly, the criteria for determining domestic violence should be refined, and whether it belongs to domestic violence should be determined according to specific circumstances. Thirdly, it should be clear that the identification standards stipulated in the anti-domestic violence law are difficult to operate in practice. If it involves issues such as the identification standard of personal safety protection orders, it needs the comprehensive judgment of the judicial organs before making a final conclusion.