Clarify several common misconceptions about domestic violence
2024 11/27
The Anti Domestic Violence Law has been implemented since March 1, 2016, but misunderstandings about domestic violence are still prevalent in reality. For example, many people believe that the punishment for injuries disguised as domestic violence is lighter than the equivalent harm caused by non domestic violence; The laws and regulations related to anti domestic violence only apply to spouses, parents, children, and other close relatives living together; Domestic violence only refers to harm to women, children, and the elderly; Domestic violence only refers to physical assault, bondage, and mutilation, and does not include mental harm such as mental control and cold violence.
In fact, Article 2 of the Anti Domestic Violence Law specifies that "domestic violence refers to physical, mental, and other forms of physical or mental harm committed between family members through beating, binding, harming, restricting personal freedom, and frequent verbal abuse, intimidation, and other means." Article 37 also specifies that "violent acts committed between people who live together other than family members shall be executed in accordance with the provisions of this law." Therefore, it can be seen that relevant laws and regulations on anti domestic violence not only apply to spouses, parents, children, and other close relatives who live together, but also to cohabitants in other relatively stable living conditions. Domestic violence includes not only harm to women, children, and the elderly, but also harm to male family members/cohabitants. Domestic violence not only refers to physical harm, but also includes behaviors that violate physical, sexual, and mental rights such as coercion, insult, economic control, mental control, cold violence, and sexual violence.
The punishment for domestic violence in our country's laws and regulations is not less severe than the equivalent harm caused by non domestic violence. If the perpetrator commits domestic violence against the victim and subjectively hopes or allows it to cause minor injuries or more to the victim objectively, it will be recognized as intentional injury and punished according to the crime of intentional injury; If, after independent evaluation of the aforementioned acts of harm, other acts of domestic violence still meet the constitutive requirements of the crime of abuse, the perpetrator will be punished for both intentional injury and abuse.
The misconception in reality that the punishment for domestic violence is lighter than the equivalent harm caused by non domestic violence is largely due to the considerable concealment of domestic violence, coupled with the lack of self-protection awareness among victims, who neglect seeking medical treatment, assistance, and evidence preservation, resulting in evidence destruction and loss. Therefore, victims of domestic violence should strengthen their self-protection awareness, timely report to the police, seek medical treatment, seek help, and retain evidence such as voice call records, WeChat chat records, video records, medical records, repentance letters, etc. that can prove the victim of domestic violence, in order to safeguard their legal rights and interests and ensure that the perpetrator receives the appropriate punishment.
In fact, Article 2 of the Anti Domestic Violence Law specifies that "domestic violence refers to physical, mental, and other forms of physical or mental harm committed between family members through beating, binding, harming, restricting personal freedom, and frequent verbal abuse, intimidation, and other means." Article 37 also specifies that "violent acts committed between people who live together other than family members shall be executed in accordance with the provisions of this law." Therefore, it can be seen that relevant laws and regulations on anti domestic violence not only apply to spouses, parents, children, and other close relatives who live together, but also to cohabitants in other relatively stable living conditions. Domestic violence includes not only harm to women, children, and the elderly, but also harm to male family members/cohabitants. Domestic violence not only refers to physical harm, but also includes behaviors that violate physical, sexual, and mental rights such as coercion, insult, economic control, mental control, cold violence, and sexual violence.
The punishment for domestic violence in our country's laws and regulations is not less severe than the equivalent harm caused by non domestic violence. If the perpetrator commits domestic violence against the victim and subjectively hopes or allows it to cause minor injuries or more to the victim objectively, it will be recognized as intentional injury and punished according to the crime of intentional injury; If, after independent evaluation of the aforementioned acts of harm, other acts of domestic violence still meet the constitutive requirements of the crime of abuse, the perpetrator will be punished for both intentional injury and abuse.
The misconception in reality that the punishment for domestic violence is lighter than the equivalent harm caused by non domestic violence is largely due to the considerable concealment of domestic violence, coupled with the lack of self-protection awareness among victims, who neglect seeking medical treatment, assistance, and evidence preservation, resulting in evidence destruction and loss. Therefore, victims of domestic violence should strengthen their self-protection awareness, timely report to the police, seek medical treatment, seek help, and retain evidence such as voice call records, WeChat chat records, video records, medical records, repentance letters, etc. that can prove the victim of domestic violence, in order to safeguard their legal rights and interests and ensure that the perpetrator receives the appropriate punishment.
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