In recent years, return the home cruel law, comprehensive judicatory of 2 child, marriage law explains additional provision to wait to be announced in succession carry out, more and more female rights and interests get law is protected. However, still the female suffers domestic force, encounter obtain employment is discriminated against, suffer duty field sex to annoy... " weekly view " column, will unscramble law to baffle with the form such as story, case, caricature, video, help broad female take legal weapon to safeguard oneself legitimate rights and interests.
Zhang Yating of 23 years old (alias) when making a telephone call, sound some quiver: Wanting to talk about the male friend that marriage talking marries, have serious violent tendency actually! Inside a month, she was hit 4 times, arm is purple up to now purple.
Her male friendly Xiaoli, height 1 meter 8, bodily form slants thin, he on the photograph is looked at laugh undemonstratively, very moderate pattern. But it is this " frail scholar " , had bench to her brandish however.
Respecting origin, it is a few attrition in the life nevertheless. Originally, two people are college fellow student, after graduation, zhang Yating sought a steady job in native place, but cannot sustain Xiaoli is entreated repeatedly, also be for love can blossom and bear fruit, as her of only daughter ground of honor permits no turning back comes to the city that Xiaoli is in, begin to rent a house together, go all out to was not hit.
Zhang Yating although family circumstances is pretty good, but can bear hardships very much, very fast she works with respect to what sought a sale, make from basic level; And small Li Que always is choice, not be to disrelish salary low, disrelish the job namely tired, the longest opened three month. Finally, excuse " should do poineering work " , simply every day the nest is in the home, not be dozen of game, play a mobile phone namely. Zhang Yating says him two, still know convergence at the beginning, flat later broken jar is broken fall, be indifferent to sth, again much say a few words, two people begin to make a noise, disturb anxious eye, xiaoli is not to throw a table to break door plank namely, two people concern more and more deadlocked. Across, after Zhang Yating's parents knows, ask she returns old home repeatedly, zhang Yating is indecisive, after late hesitant doubt tells Xiaoli, change the most embarrassed stick to one's position however -- disturbed neighbour to sign up for alarm.
After two people come down calmly, soft words of small Liwen talk, apologize repeatedly, keep on saying says to let Zhang Yating watch his show, ask where Zhang Yating goes to wanting to sign up for equipment to him however.
But " 51 " section when, because Zhang Yating follows a good friend together K song, in balcony particularly noisy, fail to reply in time Xiaoli's information, although Zhang Yating is the same as Xiaoli to had said where he is already,can play how long, but, just passed at 12 o'clock, xiaoli comes to balcony with respect to ground of get up on one's hind legs, drag her silent as the gravely. Excellent, had not explained two, those who change is Xiaoli remember a slap on the face. After this, zhang Yating discovers, violent liability of Xiaoli is even more serious, want to carry a few on the head a little only, light an one a slap on the face, dragging a hair to bump toward the wall again. Take a beating recently, because Zhang Yating put forward to part company,be.
Zhang Yating says, after be being treated by force every time, it is particularly good that two people can have period of time concern, small Li Dou can weep bitterly the ground apologizes with her, saying is to love her too. But such " love " she is faint feel terrible, just part company those who do not have her to imagine is successful in that way.
For the first time, zhang Yating excuse is away on official business, put the baggage with one important part in boudoir sweet home, make an appointment with small Li Zaiyi domestic dining-room meet and discuss, had hoped to had gotten together to come loose. Did not think of " part company " two words had not said, xiaoli scatters fury to her boudoir honey, two people within an inch of was not hit in dining-room.
The 2nd, say from small letter. This Zhang Yating had leased a building stealthily, cannot think of however, the following day afternoon, xiaoli goes her unit was troubled by, offensive word said one pile, do so that Zhang Yating carries do not come at first.
Now, zhang Yating thinks of Xiaoli fears, wary he dogs oneself. Finally, persuade sweetly in boudoir below, she is hit appeal phone.
Core content
Live together beat up, should how does thought for the time being?
This kind of circumstance of Zhang Yating and male friendly Xiaoli belongs to typical cohabitational force, can be handled according to the relevant provision that opposes a cruel law.
The family is violent not only concern self-restraint of moral personal integrity, individual, still be problem of a law. Our country law is to prohibit of domestic force. According to relevant law provision, executive family rough stuff, want to assume civil liability, administration responsibility likely, even criminal responsibility.
New " marriage law " in regulation, executive family force or mistreat, of abandon family member, mediation is invalid, should allow divorces. But sweethearts relation is only between the Zhang Yating in this case and male friend, nonexistent marriage concerns, because this need not be assumed civilian new " marriage law " in this civil job that provides duty.
Law can make weight case of the person according to Xiaoli, the administration with undertake certain to its behavior is punished or be criminal punishment.
" public security management sanctions a method " stipulated it is OK to hit another person be in with fine and be being detained, even if happen between husband and wife, applicable also " public security management sanctions a method " regulation, include sweethearts concern.
" public security management sanctions a method " regulation: Those who hit another person, harm other body intentionally perhaps, be in 5 days of above 10 days to be detained below, be in 200 yuan of above 500 yuan of the following amerce; The plot is smaller, place be detained 5 days below or fine 500 yuan below. Have one of following state, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 1000 yuan of the following amerce: (one) gang is beaten up, injure another person; (2) beat up, harm disabled, pregnant woman, malcontent the person of 14 one full year of life or of the person of above of 60 one full year of life; (3) beat up for many times, harm other perhaps is beaten up, injure much person.
" criminal law " provided intended harm pain, harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control. Blame of the money before making, send a person to be weighed, be in 3 years of above 10 years the following set term of imprisonment; Send what the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment.
" criminal law " still set mistreat a blame: Mistreat domestic member, the clue is abominable, handle battle of 2 years of the following set term of imprisonments, arrest or control.
Serious domestic force can form the force in criminal law to interfere marital freedom blame, mistreat the blame such as blame of blame, intended harm blame, intended homicide, affront. Among them, the person that domestic force is carried out is right the domestic member of collective life often in order to beat and scold, bind, aspic hunger, force to exceed physical labor, limitation to wait for means freely, destroy from body, spirit, torment, the clue is abominable, form " mistreat a blame " , should be in 2 years of the following set term of imprisonments, arrest battle or if control; causes what the injured party weighs injury, death, be in 2 years of above 7 years the following set term of imprisonment.
The person that domestic force is carried out uses force to debase character of other family member avowedly, destroy its reputation, the clue is serious, make contemptuous crime, should manage 3 years of the following set term of imprisonments, control or privative politics right. The person that domestic force is carried out damages health of his person body illegally intentionally, make intended harm crime, if serious injury causes serious disability or send a person send what the person dies, according to criminal law highest can sentence capital punishment. According to legal laws and regulations, the person that domestic force is carried out marries with member of family of violent means interference and the divorce is free, offend likewise criminal law, form force to interfere marital freedom blame.
So, how should Zhang Yating do?
Above all, if male friendly Xiaoli beats up Zhang Yating again, can dial directly 110 call the police appeal, the police arrived the spot can make processing according to the circumstance;
Next, suggest Zhang Yating wants those who note evidence to save, for instance appraisal of kinescope of the picture of the condition of an injury, recording, hospital, so that what use Lai Weiquan;
Again, if want to part company with male friend really, need not fear to browbeat, can apply for person protection to make to local court, in order to make sure the person after oneself part company is safe.
Finally, remind broad woman, when confronting domestic force, must call the police in time, uphold oneself right.
Domestic force evidence is collected, a few what offer as follows now, in order to offer reference.
The first, witness testimony. Produce domestic force to may be witnessed by other personnel from time to tome, e.g. the security personnel of the village, the parents e.g. oneself or the friend in the home still has baby-sitter or neighbour is waited a moment. If these people once the happening that saw with one's own eyes has witnessed domestic force, can mix early as far as possible so they do a few communication works, the kind that can trust a lawyer to note in order to investigate undertakes to the witness the means that obtain evidence undertakes obtaining evidence reaching recording.
The 2nd, after domestic force happens, if once had signed up for alarm, so police can have piece alarm record. The processing with normally violent to the family police can have program of legal of one a complete set of, police can is opposite in police station normally the person that violate and victim have inquiry respectively, make note.
The 3rd, see a doctor in time after sufferring domestic force to the hospital, the diagnosis of the hospital proves the credential with cure, can regard a family as violent evidence. If the victim is badly-wounded, ought to issue the recommendation of appraisal of legal medical expert by public security mechanism, have judicatory identification to hurting feeling, at the same time the victim needs to go to a hospital in time to have treatment, there still can be the receipt of the diagnostic proof of the hospital and medical expenses and medical record when cure so. These book card ought to well reservation, include the durative treatment of victim later period, concerned book card also ought to appropriate is saved.
The 4th, if the victim once complained those who pass domestic member to violate act to the Women's Federation, comrade of the Women's Federation once had done processing to this thing. And seek the other side had undertaken intercessory the job, so orgnaization of the Women's Federation has original work to record already, also can be the domestic force that once happened issue book card alone at the same time.
The 5th, if Ceng Xiangju civilian committee or villager committee has reflected this kind of problem, this also can issue book card about the orgnaization.
The 6th, if victim once to both sides or the working unit of one party has appealed. So the leader of working unit also can be his to issue book card on behalf of the unit, also can adopt the method that the lawyer investigates of course.
The 7th, when if the victim is mixed,issue producing between the person that violate, ever had had communicate recording. So this communicates recording also can serve as adherent evidence, bilateral perhaps when speaking of an agreement divorcing to perhaps compensate for item, the other side is being talked about in the center what do not deny to violated act is OK also do communicate recording.
The 8th, after producing domestic force, if the other side ever had written book of guarantee, confess, affirmatory book,wait such writ a moment. These written material that rough stuff produces no longer absolutely after assuring also can serve as evidence.
The 9th, after be being beaten up by the other side if film,pass relevant photograph perhaps say those who have video kinescope data to also can serve as evidence.
Of course, afore-mentioned all evidence are listed just to connecting general reason condition character, force of front courtyard of each build up has its different particular case. Proposal victim is in after producing such situation, seasonable undertake advisory to police, lawyer, look ought to move take what kind of testimony.
