Cover news reporter Dai Zhuxin
If we are unfortunate enough to encounter domestic violence, how can we protect ourselves? In the event of divorce, how should the rights and interests of the party responsible for domestic work be protected? What are the courts doing to protect the rights and interests of minors?
On January 20, the second live interview series of "Judges Are Coming" interpreting the work report of the Sichuan Provincial High People's Court jointly opened by the Sichuan Provincial High People's Court, Cover News and Sichuan Rule of Law Daily focused on "protection of women's and children's rights and interests", Yin Ningning, full-time member of the Adjudication Committee of the Sichuan Provincial High People's Court, and Zang Yong, president of the Juvenile Family Trial Division of the Chengdu Intermediate People's Court, were guests in the cover live broadcast room to respond to the concerns of netizens.
What should I do if I encounter domestic violence?
You may apply to the court for a personal safety protection order
Last year, the "Ram" case of Internet celebrities once again aroused social concern about domestic violence. What should we do if we are unfortunate enough to encounter domestic violence? Applying to the court for a personal safety protection order is one such measure.
In fact, in the Anti-Domestic Violence Law, which was formally implemented in 2016, a habeas corpus system was proposed. Yin Ningning introduced that the personal safety protection order system refers to the person who applies for personal safety protection from the court due to domestic violence or the actual danger of domestic violence, and the court makes a personal safety protection order. If the respondent violates this order, it may be held liable according to the circumstances. In 2021, courts across the province issued a total of 131 personal safety protection orders for women and children.
In Chengdu, in order to improve the effectiveness of anti-domestic violence, Chengdu courts have established a one-stop anti-domestic violence mechanism. Zang Yong said that according to the opinion, citizens have set up a "one-stop" anti-domestic violence acceptance column on the "Rong Yi Litigation" electronic litigation platform and the "Tianfu Citizen Cloud" city service platform.
Victims of domestic violence can upload evidence online and apply for personal safety protection orders through these two platforms. After receiving the application and related evidentiary materials, automatically refer the basic level court with jurisdiction for review, the review judge may accurately identify domestic violence on the basis of the domestic violence assessment scale, and the public security and women's federations may simultaneously track the progress of the case, so as to protect the legitimate rights and interests of victims of domestic violence.
The breakdown of the marital relationship
Those who are responsible for more household chores should be compensated more
In October 2021, the first standard "Divorce Certificate" in Sichuan Province was issued, and as soon as the news came out, it quickly triggered tens of thousands of people to watch. This is an innovative approach of the Sichuan court, which not only provides convenient services for the public, but also protects the privacy of the parties. In the case of litigation divorce, citizens can also obtain a divorce certificate at the same time as obtaining divorce judgment documents.
In real life, some parties to a marriage give up their employment in order to take care of their families. Some families, especially the female side, take on more housework in family life, or even all of it. If the marriage relationship between the two parties breaks down, how can the party who has paid more housework protect his rights and interests in the event of divorce?
Yin Ningning introduced that according to the provisions of the Civil Code, as long as one of the husband and wife bears more obligations in raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party when divorcing, and the other party should give compensation. That is, as long as one party bears more housework, additional compensation can be obtained in the event of divorce.
"Unlike the Marriage Law, the Civil Code holds that in reality, many people work both outside the home and in the house, and for this reason, the party who is engaged in housework contributes more to the family and deserves more compensation." Yin Ningning said that not only that, even if the party engaged in housework does not work outside, but he sacrificed his own social development and promotion, such as once divorced, the party engaged in housework bears greater risks and losses, and should also get more compensation.
How to "bring a baby according to law"?
The judge said so
With the official implementation of the Family Education Promotion Law on January 1 this year, family education has risen from a traditional "family affair" to an important "state affair", and how to "bring a baby according to law" has become a concern for many parents. In the live interview, the invited judges supported the parents.
In Zang Yong's view, the Family Education Promotion Law has an important role, that is, to guide parents to educate their children in accordance with scientific methods and concepts. What legal responsibilities may exist if parents fail to fulfill their family education responsibilities? Zang Yong responded that this is no longer a simple "household affair", "once the villagers' committees, neighborhood committees, women's federations and other institutions learn of this situation, they can criticize and educate guardians, admonish and stop them, and when necessary, urge them to accept family education guidance."
What's more, when it comes to infringing upon the lawful rights and interests of minors, or when minors violate the law or commit crimes, the public security organs, people's procuratorates, and people's courts will also, in the course of handling the case, reprimand the guardians according to the circumstances, and may order them to receive family education guidance. For example, in November last year, the Xuyong County Court issued the province's first "Order to Accept Family Education Guidance", which reprimanded the parents of a minor girl in accordance with the law.
In recent years, cases of sexual abuse of minors have occurred from time to time, and the protection of minors from sexual assault has attracted much attention. According to Yin Ningning, the provincial courts have always adhered to the "zero tolerance" attitude and resolutely punished them severely according to law. For example, in March last year, Wang Shujiang, president of the provincial high court and second-level justice, served as the presiding judge and tried a case of violent sexual abuse of young left-behind children, and sentenced the defendant Jiang Moumou to death in accordance with the law.
It is understood that the Sichuan court has also established an information database of persons who have sexually assaulted minors and established a "separation wall" for minors to avoid sexual assault. The information base was jointly built by the Chengdu Intermediate People's Court, Chengdu Municipal Procuratorate, Public Security Bureau, Justice Bureau, Education Bureau, Health Commission, Transportation Bureau, Youth League Municipal Committee and other 7 units, and was officially put into use on September 11, 2019.
