Core content: how to handle domestic violence effectively? The public prosecutor's office in China should intervene timely and effectively in accordance with the law. Attention should also be paid to the safety and privacy of the victims. Law express small make up in this paper, from the basic principles of family's violence crime, the case acceptance, convicted and punished, and other measures introduced to effectively stop domestic violence crime legal basis, welcome to read.

I. basic principles

1. Timely and effective intervention according to law. Against domestic violence continues to occur repeatedly, the deteriorating upgrade, the characteristics of the people's court, people's procuratorates and the public security organs and judicial administrative organs have found that domestic violence, shall take timely and effective measures in accordance with the law, to properly handle, not as a family violence between family members, or belong to the household chores, citing, mutual shuffle.

2. Protect the safety and privacy of victims. In handling cases of domestic violence crimes, the safety of the victim shall be protected first. Through the study of the emergency treatment, temporary resettlement of the victim, as well as to the person responsible to take criminal compulsory measures, sentenced to a punishment, declaring the injunctions, to prevent family violence and prevent from happening again, eliminating the reality of domestic violence assault and potentially dangerous. The personal privacy relating to the case shall be kept secret, except as otherwise provided by law.

3. Respect the victim's will. The case of domestic violence crime should be carried out strictly according to law, and the will of the victim must be respected. In a case, criminal compulsory measures, to Sue, sentenced to a punishment, commutation and parole, shall be fully listen to the victim, make a reasonable and fair within the limits prescribed by law. A case that can be mediated and reconciled by law shall be mediated and reconciled on a voluntary basis between the parties.

4. Special protection for minors, senior citizens, disabled persons, pregnant women, nursing mothers and seriously ill patients. To deal with family violence crimes, shall, according to law and case, through to tell, legal aid and other measures, to minors, the elderly and disabled, pregnant women, nursing mothers, and seriously ill patients of judicial protection, and to protect their legitimate rights and interests.

Ii. The case is admissible

1. Positive report, accusation and report. In accordance with paragraph 1 of article one hundred and eight of the criminal procedure law "no unit or individual is found to have criminal facts or a criminal suspect, have the right to have an obligation to report to public security organs, people's procuratorate or a people's court or the report" the provisions of the domestic violence victims and their relatives, friends, neighbors, co-workers, and village (house) committee, the people's conciliation committee, women's federation, communist youth league, disabled persons' federation, hospitals, schools, kindergartens, organization, found that domestic violence, have the right to have an obligation to timely report to the public security organs, people's procuratorate, the people's court, charges or report it.

The public security organs, people's procuratorate, the people's court for found free, accuser and person is not willing to open their own name and to the reports, complaints and reports, should keep a secret, for its protection found free, accuser and the safety of the person.

2. Quick review, filing and transfer. Public security organs, people's procuratorate, the people's court after receiving reports, complaints or reports of domestic violence, should inquire case's initial situation immediately, make the record, quick review, in accordance with the provisions of the criminal procedure law about the case according to its own jurisdiction, decide whether to put on record. In case of compliance with the conditions of the case, a case should be made in time. Where a crime may constitute a crime but does not fall within its jurisdiction, it shall be transferred to the competent authority to handle it and notify the person who is reporting the case, the complainant or the complainant; Emergency measures should be taken first before they are transferred to the competent authority for those who do not belong to their own jurisdiction and must take emergency measures.

Upon examination, for family violence has not yet constitute a crime, but belongs to the ACTS violating the administration of public security, shall transfer the case to the public security organs, in accordance with the provisions of the law on public security administration punishments for processing, at the same time inform the victim may apply to the people's conciliation committee, or to people court to lodge a civil action, ask person responsible to stop the infringement, to apologize and compensate for the losses civil liability.

3. Pay attention to the discovery of criminal cases. The public security organs in dealing with personal injury, abuse, abandonment, or in the process of administrative cases, the people's court in marriage and family, inheritance, tort liability disputes, etc. In the process of civil cases, it should be noted found that may be involved in domestic violence crime. If a clue to domestic violence is found, the public security organ shall transfer the case to a criminal case, and the people's court shall transfer the case to the public security organ. The public security organ or the people's court shall notify the victim of his own case.

4. Respect the procedure option of the victim. In cases where the victim has evidence of minor domestic violent crime, he or she shall respect the right of the victim to choose a public prosecution or self-prosecution when filing a case. If the victim requires the public security organ to handle it, the public security organ shall file a case and detect the case according to law. In the course of investigation, the victim no longer requires the public security organ to handle or request the transfer of a case, and the victim shall inform the public security organ of the written application. The public security organ shall revoke the case according to law. If the victim brings a case to the people's court in such cases, the people's court shall accept the case according to law.

5. To fully guarantee the victim's right of appeal by means of the act. If the victim is unable to tell or cannot tell the case of domestic violent crime, his legal representative or close relative can tell or tell him or her. If the victim is a person with no capacity for action or a person with limited capacity for behavior, his legal representative or close relative has not told or told him or her, the people's procuratorate may tell him. The people's procuratorate may also tell a case where the victim is unable to tell the victim because of coercion or intimidation. If the people's court has told or made the report, it shall be admissible in accordance with the law.

6. Strengthen the supervision of cases. People's procuratorate to strengthen the supervision over the case of domestic violence crime, found that the public security organ shall put on record without case, or the victim or his legal representative or near relative, the relevant units, organizations are the public security organ shall not initiate an objection to the people's procuratorate, the people's procuratorate shall request the public security organ elucidate the reasons for not filing. If the people's procuratorate considers that the reasons for not filing a case are not valid, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. If the reason for the case is not established, the case shall be given to the victim or his legal representative, the nearest relative or the organization concerned.

7. Timely and comprehensive collection of evidence. In handling domestic violence cases, the public security organs should fully and comprehensively collected, fixed evidence, in addition to the scene of material evidence collection, the victim statement and witness testimony and other evidence, should also pay attention to in a timely manner to the village (house) committee, the people's conciliation committee, women's federation, communist youth league, disabled persons' federation, hospitals, schools, kindergartens, organization, staff, and the victim's relatives, neighbors to collect related to domestic violence such as records, medical records, photographs, video and other evidence.

8. Proper treatment and placement of victims. The people's court, people's procuratorates and the public security organs such as the unit is responsible for the protection of citizens' personal safety and organization, for the victims of domestic violence severely damage need emergency treatment, should contact immediately to assist the treatment of medical institutions; To face a serious threat to domestic violence, or in a dangerous state, such as unattended, need a temporary victim or related minors, it shall notify and assist relevant departments in place.

Take compulsory measures according to law. The people's courts, the people's procuratorates and the public security organs may, in accordance with the law, be detained or arrested in accordance with the law, in accordance with the conditions of detention or arrest. If no detention or arrest measures are taken, the victims or their legal representatives and close relatives shall be contacted through visits and telephone calls to understand the personal safety of the victims. If a criminal suspect or a defendant commits domestic violence again, it shall take necessary compulsory measures according to the circumstances.

The people's court, people's procuratorates and the public security organ shall decide on the implementation of domestic violence of the criminal suspect or defendant to obtain a guarantor pending trial, in order to ensure the safety of the victims and their children and relatives specific, can be in accordance with the provisions of the second paragraph of article sixty-nine of the criminal procedure law, shall be ordered to the criminal suspect or defendant may not subcontract it again to the implementation of domestic violence; It shall not intrude on the life, work or study of the victim. No alcohol, gambling or other activities; If the victim has applied for and is necessary, he shall be ordered not to approach the victim and his minor children.

10. Strengthen the guidance in case of self-prosecution. The cases of domestic violent crime have a long period and the evidence is difficult to preserve, the victims are relatively weak, the proof ability is limited, the relevant facts are difficult to identify and so on. Some characteristics are more prominent in private prosecution cases. As a result, the people's court in a case of domestic violence, inadequate due to the parties concerned proof ability, difficult to meet the requirements of the law of evidence and proof guidance shall timely on the parties, to collect evidence and collect evidence. If the parties apply to the people's court for a transfer of evidence that cannot be obtained for objective reasons, the people's court shall make a careful examination and consider that it is necessary and shall be transferred.

11. Increase legal aid to victims. The people's procuratorate of the receipt of a case transferred for examination before prosecution materials within three days, the people's court in three days from the date of accepting cases, the victim shall be informed and their legal representatives or near relatives shall have the right to entrust agents AD litem, if economic difficulties, may apply to legal aid institutions for legal aid. For the victim is a minor, the elderly, seriously ill patients or people with disabilities, etc, due to economic difficulties not entrust agents AD litem, the people's procuratorate, the people's court shall help them to apply for legal aid.

The legal aid agencies shall provide legal assistance to the victims in accordance with the law and designate the lawyers who are familiar with the laws and regulations of anti-domestic violence to handle cases.

Third, conviction and punishment

1. Accurate and accurate conviction and punishment according to law. For intentional homicide, injury, rape and child molestation, illegal detention interfere with freedom of marriage, insult, violence, abuse, abandonment, or violate the personal rights of citizens domestic violence crime, shall, according to the facts of the crime, the nature of the crime, the plot and the degree of harm to society, strictly in accordance with the relevant provisions of the criminal law. If a person ACTS concurrently on multiple charges in the same act, he shall be convicted and punished in accordance with the heavier punishment.

2. Punishment of crime of abuse according to law.

Take the beating, frozen hungry, excessive labor force, restricting the personal freedom, threats, insult, abuse, to family member's physical and mental abuse, torture, is in the practice of multiple nature of abuse of family violence. According to judicial practice, the abuse lasted longer and more frequently; Cruelty of the means; Maltreatment causes minor injury to the victim or serious illness; For minors, the elderly and disabled, pregnant women, nursing mothers, critically ill patients with more severe case such as abuse, belong to the first paragraph of article two hundred and sixty of criminal law abuse "vicious", shall be convicted and punished in accordance with the law to abuse sin.

Accurately distinguish abuse crime serious injury or death on people and intentional injury, the limits of intentional homicide crime serious injury or death on people, according to the subjective intent of the defendant, by way of violence and, whether immediately or directly to the victim casualties consequences such as comprehensive judgment. For the defendant does not have subjective deliberately violate the victim health or deprivation of life the victim, but from the pursuit of the victim on the physical and mental pain, long-term or repeated abuse, gradually the victim body damage, negligence result in serious injury or death of the victim; Or self-injury and suicide due to causes the victim to endure abuse, result in serious injury or death, belong to the second paragraph of article two hundred and sixty of the criminal law provisions of abuse "causing serious injury, death, the victim", shall be convicted and punished for abuse crimes. Although the implementation of domestic violence to the defendant present a regular, continuous and repetitive, but its subjective has hope or indulge the victim of serious injury or death, deliberately holding a weapon violence, violence means cruelty, violence is stronger, directly or immediately to cause serious injury or death of the victim, shall be as intentional injury or murder convicted and punished.

We shall punish abandoned crimes according to law. Shall have the obligation to support and bring up ability, refused to support the young and old, sick or no ability to live independently of other family members, is severely harmful nature of abandonment of family violence. According to the judicial practice, the victim will not be able to take care of the victims for a long time and provide no source of life. To drive the victim away from home, causing the victim to be displaced or to survive; The victim of a serious illness or life that cannot be self-reliant; Abandoned causes serious damage to the victim body or other serious consequences such as situation, belong to the provisions of article two hundred and sixty-one of criminal law abandoned "vicious", shall be convicted and punished for abandoned crimes according to law.

Accurately distinguish the abandonment crime and the limits of intentional homicide, according to the subjective intent of the defendant, the enforcement of the time and place, whether or not immediately killed the victim, and the victim for integrated judgment of the degree of dependence on the defendant. For just to escape this duty, does not hope or indulge death, the victim will be the life cannot provide for oneself, the victim disposed in the welfare home, hospital, police station and other units, or square, station and other places of pedestrians more, hope to get others to rescue the victim, general with abandonment crime convicted and punished. For hope or indulge the victim died, fails to perform the necessary maintenance obligations, killed the victim due to the lack of life care, or take the life cannot provide for oneself, the victim into the vastness of inaccessible places abandoned, make the victim is difficult to get assistance to others, shall be convicted and punished intentional killing cime in the criminal.

3. Earnestly implement the criminal policy of mercy.

For the implementation of domestic violence to constitute a crime, shall be in accordance with the principle of legality, the principle of adaptation, maintaining family stability, respect for the victim will give attention to two or morethings factors such as comprehensive consideration, resulting in, differently. According to judicial practice, it is cruel or serious consequences to the implementation of domestic violence; Domestic violence is carried out due to despicable motives such as embezzlement and property; Prolonged or repeated domestic violence due to abuse of alcohol, drugs and gambling; Having been subjected to criminal punishment or administrative punishment for the implementation of domestic violence; Or those who have other adverse circumstances may be given heavier punishment as appropriate. If the crime of domestic violence is lighter, or the defendant is truly repentant, the victim shall be forgiven for taking a lighter punishment for the benefit of the dependents, and may be given a lighter punishment as appropriate; If the people's procuratorate does not have a penalty for minor circumstances, the people's procuratorate may not prosecute, and the people's court may impose a criminal penalty.

In cases where there is a significant minor harm in the implementation of domestic violence, it shall be dismissed, not prosecuted or acquitted.

The people's court, people's procuratorates and the public security organs shall use sermon, order the person responsible to ensure the implementation of domestic violence, no longer make amends to the victim or compensate for the losses, the penal punishment measures, such as strengthening the education of person responsible and punishment.

4. Accurately identify the self-defense of domestic violence.

In order to make himself or others' personal rights against unlawful infringement, to stop the behavior on the ongoing violence, as long as the conformity with the provisions of the criminal law, should be regarded as justifiable defense in accordance with the law, criminal responsibility shall not be held. If the act of defense causes serious injury or death to the violent person, and clearly exceeds the necessary limit, it shall be regarded as a defense violation, and shall bear criminal responsibility, but it shall be relieved or exempted from punishment.