Supreme Court issues regulations on habeas corpus cases

2022YearOn July 15, the Supreme People's Court held a press conference to issue the "Regulations on Several Issues Concerning the Application of Law in Handling Cases of Personal Safety Protection Orders" (hereinafter referred to as the "Regulations").ProvisionsFurtherClearThe scope of application of the personal safety protection order case and.refinedRules of adjudication,strengthenedProtection of the rights and interests of victims of domestic violence.

Personal safety protection orderThe system is derived fromcommon law countries,is a kindCivil legal remedies to prevent and stop domestic violence.20163Month,Our countryformulated《Anti-Domestic Violence Act》，EstablishmentThe personal safety protection order system. According《Anti-Domestic Violence Act"According to the provisions of the People's Court, personal safety protection orders are issued by the People's Court in the form of a ruling, including prohibition of violence, prohibition of contact and eviction orders.The personal safety protection order is an important system created by the anti-domestic violence law, and it is also the core content of the law.

According to statistics, upOn December 31, 2021, courts across the country issued a total of 10917 personal safety protection orders, effectively protecting the personal safety and personal dignity of victims of domestic violence.Althoughhabeas corpusInanti-domestic violenceThe wave played a great role,But...In judicial practice,institutional mechanismandApplication of lawthe deficiency,YesThe Bottleneck of Restraining the Effective Play of Personal Safety Protection Order System.

The Supreme People through a wide range of research,By publishingProvisionsClears the writ of habeas corpusIn admissibility,make various obstacles in the procedure,Mainly reflected in the following aspects:1,ProvisionsPersonal safety protection order case is nottoDivorce and other civil proceedingsas the premise.PartiesThe applicant for a personal safety protection order does not need to initiate divorce proceedings or other proceedings, nor does it need to initiate divorce proceedings within a certain period of time after the application.2,Expanding the scope of application of personal safety protection orders. The "Regulations" make it clear that hunger and frequent insults, slanders, threats, stalking, harassment, etc. are all domestic violence. So as to further clarify the scope of application of the personal safety protection order.3Clarify the evidence form and evidence standard. Article 20 of the Anti-Domestic Violence Law stipulates that the people's court may determine the facts of domestic violence based on evidence such as the police records of the public security organs, warning letters, and injury appraisal opinions. However, in practice,The parties are often difficult to prove.The provisions listedRepresentations of the parties,Medical records, etc.Ten forms of evidence provide clear behavioral guidelines for victims of domestic violence to retain and collect evidence.SimultaneouslyThe Regulations specify that the standard of proof for issuing a personal safety protection order is"greater likelihood" without the need to reach a "high likelihood", thus reducing the burden of proof on the parties.4,IncreaseViolation of personal safety protection ordersofpunishment strength. The "Regulations" include the violation of the personal safety protection order itself into the scope of application of the crime of refusing to execute the judgment and ruling, and increase the criminal crackdown in a more targeted manner.

The provision is based onChinese punishmentDomestic violenceofjudicial practice,ResponseIt'sSocial ConcernsQuestion. BelieveitsThe introduction and implementation will certainlybecomePrevention and suppression of domestic violenceThe power,Let advocating civilization and opposing violence become the conscious action of the people and the good fashion of the whole society..