2 The woman ran away from home to escape domestic violence and remarried.
In March and May, 2022, 67-year-old Guizhou woman Yang and 47-year-old Pan Mouying were sentenced to 6 months' imprisonment and 4 months' criminal detention by Sansui County People's Court of Guizhou Province respectively for committing bigamy. Two women from rural areas in Guizhou both fled their last marriage because of domestic violence.
However, both of them left home without divorce. After more than 20 years, they bear the criminal responsibility of bigamy. Both women are not well educated, one is a primary school student and the other is semi-illiterate. Because of the lack of legal knowledge, I don't know how to solve domestic violence in marriage. They think that escape can restart their lives, but after more than 20 years of quiet life, they still have to pay for bigamy. They have served their sentences and have not appealed.
The public prosecutor once suggested that the above two women who committed bigamy should be suspended, but the judicial organ refused to adopt this judgment on the grounds that the application of suspended sentence was in danger of recidivism.
Recently, Zhang Yuxia, a senior partner lawyer of Shanghai Shen Hao Law Firm, told Red Star News reporter: "In order to prevent bigamy criminals from committing crimes again without probation, it may not be as beneficial as legal education and helping to dissolve the legal relationship of the previous marriage.
Model essay on domestic violence guarantee 1 I promise my dear wife:
1, the wife is always right.
If not, it must be my fault.
If I am not mistaken, I must have misheard.
4. If 2 and 3 do not match, the article 1 shall be observed.
I promise:
1. Listen to everything your wife says (including anything wrong)
2. Accompany the whole shopping process (including men's stop)
Eat all the leftovers. (including deterioration)
4. Pay all your income. (including illegal)
5, housework is all inclusive. (including massaging my wife)
Other commitments are as follows:
1. If the wife is angry, she must kneel down and beg for mercy, and she must not ignore it.
2. When shopping, the wife should be brave enough to pay, encourage more, and must not have unwilling behavior.
When taking a bath, the wife should measure the water temperature and scratch her back, and must not have lust.
4. If my wife hits me, let her ravage me. Thank you for your kindness. Don't stare back.
When your wife is away, you should think about her, keep yourself healthy, and never cheat.
6. When the wife exhorts, put your hands together and stand at attention. There must be no absent-minded behavior.
7. When the wife gives money, she should be grateful with tears, be frugal and not extravagant.
I promise to fulfill the above commitments and please supervise them. ! !
Guarantor (signature):
Date:
When the other party commits domestic violence, it shall promptly request the residents' committees, villagers' committees, women's federations, shelters and their units and organizations to stop, dissuade and mediate, and the written materials produced by the corresponding institutions can be submitted as evidence.
In case of domestic violence, residents' committees, villagers' committees, women's federations, shelters and their units and organizations shall be required to stop, dissuade and mediate in time, and written materials produced by corresponding institutions may be submitted as evidence.
1, written materials issued by the unit
When the other party commits domestic violence, it shall ask residents' committees, villagers' committees, women's federations, shelters and their units and organizations to stop, dissuade and mediate in time, and may submit written materials produced by corresponding institutions as evidence.
2 after the alarm, the police record and inquiry record of the public security organ.
Part of the evidence is important evidence that one party commits domestic violence. The police record can prove the way of reporting the case, the cause of the case, the time of police dispatch, the result of handling, etc. Interrogation transcripts reflect more comprehensive contents than police transcripts, and can generally record the time, place, parties, reasons, degree and treatment results of domestic violence. The public security organ may provide the police record of the public security organ when the lawyer takes it as an agent. However, the public security organ (police station) often refuses to provide the inquiry record on the grounds that it involves the privacy of the parties or the internal materials of the public security organ are not released to the public. Lawyers can apply to the court for an investigation order, or they can directly apply to the court for collection.
3, witness testimony
The occurrence of domestic violence, in addition to both parties, the testimony issued by their children and neighbors is also a strong evidence that one party has committed domestic violence. It should be pointed out that witnesses need to apply according to the law. Witness testimony must objectively reflect the actual situation at that time, and witnesses need to appear in court in person to accept the judge's inquiry and the other party's cross-examination.
4. Audio-visual materials
This part of the evidence mainly refers to the chat records of both parties, the recording of the other party's admission of domestic violence, and photos of injuries.
5. Documentary evidence
Common ones are "repentance" and "guarantee" issued by the offender; Hospital diagnosis certificate, inspection conclusion, original medical records, medical bills and other related materials. References:
Hefei lawyer/Hefei
When collecting evidence, I think we should pay attention to the following questions:
1. Evidence should be collected by legal means.
2. Collect evidence in time.
3. Keep the original as much as possible.
Guarantor:
X year XX month XX day
Model essay on protection of domestic violence 3 1. Regarding the definition of domestic violence, what is domestic violence? Domestic violence, referred to as domestic violence for short, refers to the behavior that occurs between family members and causes mental, physical and sexual harm and destruction to family members by binding, beating, confinement, mutilation or other means. Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity. Domestic violence occurs between family members who live together because of marriage, consanguinity and adoption, such as parents to their children, husbands to their wives, and adult children to their parents. Women and children are the main victims of domestic violence, and some middle-aged and elderly people, men and disabled people will also become victims of domestic violence.
Domestic violence can lead to serious injury, death, minor injury, physical pain or mental pain.
2. How to prevent domestic violence?
Opposing domestic violence requires the participation of the whole society, but under the influence of China's traditional ideas, some people may think that domestic violence is a family matter, a kind of privacy, and cannot be publicized. For domestic violence, first of all, we must overcome several misunderstandings about domestic violence among the people in China:
Myth 1: There is no domestic violence, even if there is, it is very few.
Myth 2: Domestic violence is a private matter. 4 128, 57.38+0% of the respondents think that domestic violence is a domestic affair. Myth 3: Domestic violence is harmful to health, excluding mental violence, economic violence and sexual violence. Myth 4: Families with high cultural quality have no domestic violence. 4 128, among the interviewees, 62.7% of the perpetrators have college education or above.
The door, legislative and judicial departments bear quite important responsibilities. Regarding the problem of domestic violence, we can at least make efforts in the following aspects.
1 Although there are regulations prohibiting domestic violence, most of them are principled and spiritual, and their operability is not strong. Our country should establish a special legal system of domestic violence as soon as possible, formulate an anti-domestic violence law, and make provisions on related issues of domestic violence from all aspects.
2 there must be corresponding other supporting measures. Social forces should be encouraged and advocated to supervise and report all kinds of domestic violence. Any organization or individual has the right and obligation to dissuade, stop and complain and report to the relevant departments.
The power of public opinion is powerful. We should not ignore the propaganda function of the media, but rely on the power of public opinion. At the same time, publicize the laws and regulations on domestic violence, so that more people can know and use legal means to safeguard their rights and interests.
3. How to ask for help in case of domestic violence?
Four ways to get rid of domestic violence
1, prevent violence 2, don't tolerate each other's atrocities 3, nip in the bud and be economically independent.
4. Ask the judicial department for help in time.
4. The rights of the innocent party in domestic violence between husband and wife
The Marriage Law not only stipulates that domestic violence between husband and wife is an important condition for the court to determine that the relationship between the two parties has indeed broken down, but also stipulates that when divorcing, the party who commits domestic violence can be required to pay damages without fault. However, the specific amount of compensation depends on the division of property between the two parties at the time of divorce, the income of both parties, the local per capita income and the injury of the victim. Damages caused by domestic violence can be claimed in divorce.
5. What evidence should victims of domestic violence collect and keep?
Once you suffer from domestic violence, as a victim, you should collect and preserve relevant evidence as soon as possible. When domestic violence occurs, it is the best time to collect evidence. If the time is too long and the relevant evidence is not kept in time, it may lead to the loss of evidence, which is very unfavorable to the protection and relief of rights and interests afterwards. First, witness testimony. Domestic violence may be witnessed by others, such as security guards in the community, such as parents or friends at home, nannies or neighbors, etc. If these people have witnessed the occurrence of domestic violence, they can communicate with them as soon as possible, or entrust a lawyer to take evidence from the witness in the form of a transcript.
Second, if the police have been reported after the domestic violence, then the police will have a police record. Usually the police have a set of legal procedures to deal with domestic violence. Generally, the police will ask the abuser and the victim separately at the police station and make a record.
Third, the diagnosis and treatment certificate of the hospital. Letters of introduction from forensic experts, judicial expertise on injuries, hospital diagnosis certificates, receipts for medical expenses, cases issued by public security organs, etc. should be properly preserved, including the continued treatment of victims in the later period, and relevant documentary evidence should also be properly preserved.
Fourth, if the victim has complained to the Women's Federation about the violence of family members, and the comrades of the Women's Federation have handled the matter and sought mediation from the other party, then the Women's Federation can not only have original work records, but also issue separate documentary evidence about the domestic violence that once occurred.
Fifth, if this issue has been reflected to the residents' committee or villagers' committee, the relevant institutions can also issue documentary evidence.
Sixth, if the victim has sought help from both parties or one party's work unit, then work.
The unit leader can also issue documentary evidence on behalf of the unit, of course, you can also take the form of lawyer investigation.
Seventh, if there is a dispute between the victim and the offender, and there is a general memory, then this general memory can also be used as evidence of seizure, or when both parties talk about divorce or compensation by agreement, the other party can also make a general memory when talking about violence.
Eighth, after the occurrence of domestic violence, if the other party has written a letter of guarantee, confession, commitment and other documents. These written materials that guarantee that violence will not happen again can also be used as evidence.
Ninth, if you take relevant photos or videos after being beaten by the other party, it can also be used as evidence.
Of course, all the above evidence items are only aimed at the usual situation, and each domestic violence has its own specific circumstances. It is suggested that victims should consult legal professionals, such as police and lawyers, in time to see what kind of evidence should be obtained after this happens.
Guarantor:
X year XX month XX day