Attorney Teng Xiaoting, member of the Communist Party of China, Bachelor of Laws from Shandong University, lawyer of Zibo TV Science and Education Channel, Luzhong Morning News Lawyer Group, has written many articles for the rights protection line of Zibo Evening News Women’s Federation. Lawyer Teng Xiaoting has a solid foundation in legal theory, strong professional ability, quick thinking, and rich experience in litigation practice. In the process of work, he has cultivated a serious, patient, rigorous, meticulous, honest and trustworthy work style, and has a noble legal practice ethics. Lawyer Teng Xiaoting enthusiastically participates in social law popularization activities, answering public inquiries through television, radio, newspapers and other media, and publicizing the legal system to the general public, achieving good social effects.
About domestic violence
Brief introduction of case:
Xiao Zhang married her husband Wang Gang in 2001, and the relationship between the two is fairly good. In 2003, Xiao Zhang gave birth to a daughter. Wang Gang was the only child in the family. His family and Wang Gang wanted to give birth to a boy. Since Xiao Zhang gave birth, Wang Gang has ignored him. He often drank and abused Xiao Zhang when he returned home. . Xiao Zhang felt fear for Wang Gang, which caused a lot of mental pressure on himself. Since giving birth, Xiao Zhang's body has often been blue and purple. The most serious thing was that in early 2007, after Wang Gang was drunk, he cut Xiao Zhang's leg with a kitchen knife. Xiao Zhang was hospitalized for 32 days and was discharged after 19 stitches. After being discharged from the hospital, Xiao Zhang approached a lawyer for advice on how to get rid of his marriage.
Lawyer's answer:
Xiao Zhang’s husband Wang Gang’s behavior is typical of domestic violence. Domestic violence refers to the act of violence by one of the family members against the other. The forms include corporal punishment such as beating, kneeling, binding, and detention, as well as mental abuse such as threats, intimidation, and insults. Domestic violence directly affects the victim's body, causing the victim to feel pain physically or mentally, and impairing his physical health and personal dignity. Domestic violence occurs among family members who are related by blood, marriage, or adoption, such as husband to wife, parents to children, adult children to parents, etc. However, it is most common for women to suffer violence from their husbands. The harm is also the greatest, and domestic violence especially refers to a husband's violence against his wife. Domestic violence can cause death, serious injury, minor injury, physical pain or mental pain. From the appalling case of throwing a wife from a high-rise building, to a brutal beating that caused the wife to have a swollen nose and swollen body, to a few punches and slaps that caused the wife to suffer from mental pain.
After domestic violence occurs, who should the victim ask for help? In order to protect their personal rights, the victim must dare to ask for help from outsiders. One is to ask for help from relatives and friends, such as elders, neighbors with good relations. Dissuaded by relatives and friends, criticizing the perpetrator; Second, ask the village (resident) committee and the unit for help. Village (resident) committees all have mediation organizations, which are conducted by mediation organizations, grassroots cadres, and unit leaders to put pressure on the perpetrators. The third is to seek help from women’s organizations and trade unions. You can seek help from the Women’s Federation and the Women’s Congress of the village (residential), the women’s committee of the unit, and the trade union. The organization will come forward to advise the perpetrator, coordinate and promote the relevant departments to handle the case, and if necessary, you can also support the victim to file a lawsuit; the fourth is to The public security organ asks for help. The personal rights of citizens are protected by national laws, and public security organs have the duty to protect the personal safety of citizens. The victim can directly report the crime to the public security organ, or call "110" for help. Public security personnel will be present to stop the violence, and if necessary, the perpetrator will be warned, fined, and detained.
What kind of responsibility should the perpetrator of domestic violence bear? In criminal terms, if the perpetrator causes minor injuries, serious injuries, or death to family members, which constitutes a crime, the judicial organ shall hold him accountable for criminal responsibility. If the victim has evidence that caused minor injuries, the victim can directly file a lawsuit with the people’s court to accuse the perpetrator of injury, and the victim must provide forensic identification and proof of violence. If serious injury or death is caused, the public security organ shall conduct investigation. Administratively, if the violence is relatively minor and causes minor injuries, and if the victim makes a request, the public security organ may issue a warning, fine, or detain the perpetrator in accordance with the Regulations on Public Security Management Penalties. In civil terms, the victim is not at fault, and the perpetrator is at fault. If a divorce is caused by domestic violence, the party at fault shall be liable for damages, including compensation for property damage and compensation for mental damage. The medical expenses, lost work expenses, nursing expenses, etc. paid by the innocent party due to the violence shall be compensated by the offending party. If the innocent party is disabled, the innocent party shall also be liable for disability compensation. In addition, the party at fault shall also compensate the innocent party for the mental damage caused thereby. The non-faulty party may request compensation for property losses when filing a criminal lawsuit, or it may file a civil lawsuit separately.
In this case, Xiao Zhang can use the medical records of Wang Gang to see a doctor after being beaten by Wang Gang as evidence to sue the court for divorce. Article 32, paragraph 2 of the "Marriage Law" stipulates: "The people's courts shall conduct mediation when hearing divorce cases; if the relationship is indeed broken and the mediation is invalid, the divorce shall be granted. In one of the following circumstances, if the mediation is invalid, the divorce shall be granted: ( 2) Committing domestic violence or abuse, or abandoning family members; "While dissolving the marriage relationship, Wang Gang may be required to bear corresponding criminal, administrative or civil liabilities according to the circumstances of the injury.
How to deal with family "cold violence"
Brief introduction of case:
Liu, 60, was the backbone of a scientific research unit before retiring. His 5-year-old wife Wang is a retired worker in a factory. Liu died because of an illness of his ex-wife. He met Wang six years ago under the introduction of his children and received a marriage certificate soon.
Liu has always been a senior intellectual in the past 6 years, living in front of Wang who only has a primary school education. He has not done any housework, and even the neighbors think that Wang is just a nanny invited by the Liu family. Under the same roof, Liu lived alone in a large room with luxurious furnishings, while Wang lived in a small house. The items used were all old and dilapidated.
Wang's life after remarrying caused him to be mentally depressed. He wanted to dissolve his husband and wife relationship with Liu, but Liu firmly refused to let such a free nanny go. Wang found a lawyer in desperation.
Lawyer's answer:
Liu's behavior is a typical domestic "cold violence". The law clearly stipulates injuries caused by violence such as beating and mutilation, but there is no explanation for "cold violence". In fact, in domestic violence, mental violence occurs most frequently, followed by physical violence. Many domestic cold violence phenomena are manifested as: when the husband and wife have conflicts, they slanderously, are indifferent to each other, minimize language communication, impose economic blockade, and neglect to do housework. This is inseparable from the fact that many people know how to "protect" themselves with the law. If they use their hands and feet together, they will leave scars on the opponent's body, which is not good for them. Others are pursuing the life philosophy of "gentlemen use their mouths but not hands", which has caused many women to suffer from domestic "cold violence". It is precisely because of the hidden nature of cold violence that it is difficult for judges to determine the wrong party.
Women who suffer from cold violence will be affected psychologically and spiritually to a certain extent. They tend to become emotionally vulnerable and psychologically lonely. As the causes of mental violence are more complicated, when facing mental violence, you must first find out the cause. Talking to a psychologist can open up the knot, instead of taking extreme behaviors and embarking on a criminal path.
For "cold violence", victims can fight by defending their rights, but the key is to collect evidence. Such as verbal abuse, cold time, insults, etc. can all be collected as evidence. Once it constitutes family mental violence, the party at fault shall bear the corresponding responsibilities in accordance with the relevant provisions of the Marriage Law.
Regarding this case, Wang can collect evidence that Liu committed domestic cold violence against him, so as to initiate a divorce lawsuit and demand that Liu, who is at fault in the marriage, bear responsibility for his fault.
