Photo: vision China
November 25 is the "international day for the Elimination of domestic violence", which also coincides with the People's Republic of China anti-domestic violence law (draft for soliciting opinions) the one-year anniversary of.
On November 25 last year, China introduced the draft, hopes to pass legislation in the form of serious solution to this social problem.
Chinese women's rights advocates in the past more than 10 years has been calling for legislation to better protect women's results.
But some cases are still the industry expressed concern about the legal enforceability of the future.
In the "law on protection against domestic violence" exposure draft published a anniversary interface journalists learned that wives reported domestic violence had previously been media CCTV employees of wood a divorce two years later, has refused to comply with the Court judgment will be children to the mother, and the Court in the enforcement process is frustrated.
The case recently renewed attention from women's rights activists. In conjunction with the case, they suggested should as soon as possible a comprehensive and formal implementation of the domestic violence Act, and called on employers should do their part in combating domestic violence.
Domestic abuse divorce after her son back or
Yeguo (not his real name) had not and son lived together for three years. Although the 2013 judge she and her ex-husband, the Court upon divorce, judge gave her the right to child support.
Her ex-husband CCTV employees is a village, in the two divorced after two years on the question of custody of the child, yeguo, courts and a village waging a seesaw battle.
Yeguo marriage is ending because of domestic violence. Yeguo's mother told the news interface, yeguo suffered domestic violence began in 2011 after her son was born after more bad, she even once her husband with a kitchen knife to cut bad on a sweater but had to report.
In May 2012, a village and yeguo signed a divorce agreement, take the child. June 1, yeguo to joy city visiting school children in Chaoyang, offers to take their children home, the parties dispute. A village was assaulted in the parking lot leaves and fruit, later forensic examination showed, beating fruit minor injuries.
In July 2012, yeguo to the Beijing Chaoyang district people's Court in divorce proceedings. A year later, in August 2013, the Chaoyang district people's Court ordered the two to divorce, and pass on the 1-year-olds convicted of leaf and fruit raising.
A village the verdict appeal lodged an appeal. In November 2013, Beijing second intermediate court made a final judgement in second instance, dismissing their appeal and upheld.
3 years later, in July 2015, a yeguo was beaten in the parking lot of the monitor video out, media reports also involved, "CCTV host domestic violence" once raised the topic of heated debate.
However, "domestic violence," said a village did not agree.
Interface news check out divorce judgments of first instance noted that year, Chai Mousheng argued that couples "because domestic quarrel, dispute had a physical confrontation, but there is no fundamental contradiction".
Meanwhile, Chai said he was not "violent tendencies", joy city in Chaoyang conflict, hands are "in a moment of anger", not "family violence". In addition, a village also mentioned that I had were fruit to get hurt causing waist bone fracture, but due to "marital" considerations, does not make them criminally themselves only the neck injury was identified.
In July, after media reports about the wood in a domestic violence, a SINA weibo user claiming to be a village I uploaded a copy of the stamped with the official seal of the lawyers, said reports of "domestic violence" is far from the truth.
Then, the user posts, suspected personal response to the reports, said he was "very well now," "also supports", when before and after the divorce reason "organization are clear", "completely over property."
In addition, the user also stated that the Beijing second intermediate people's Court of final appeal judgement made no mention of domestic abuse, much less repeated domestic violence incidents. I'm just a life to protect her son's father.
Interface news check out the Beijing second intermediate people's Court found the judgement of the Court of final appeal, the judgment clearly used in "domestic violence". The verdict said: "the Court found that the wood in the course of a couple living together to yeguo (not his real name) implement domestic violence, leading to both an important cause of alienation of mutual affection, and therefore should bear the liability. "
Meanwhile, the judgement also said that due to a village has committed domestic violence, does not exclude adverse effects on children's spiritual growth. And taking into account the time of child care and other reasons, the Court decision to his son yeguo. The standard ranking of top 50 pension City North
Courts to enforce obstruction
Although the Court awarded to the mother the child, but to this day, a village never to hand over custody of the children. Yeguo's mother told the news interface, due to the wood a few comments block, yeguo child, impossible.
According to yeguo's mother, in the judgment of the second instance after the entry into force, yeguo to the Chaoyang people's Court for compulsory execution, but the effect is not good, even encountered many obstacles.
As a village is not in accordance with the Court of final appeal judgement to mother their children, that is the legal document, the obligations, on September 11, 2014, the Beijing Chaoyang district people's Court, with its "ability to comply but refusing to comply with the effective legal instruments to determine the obligation" to include it "dishonest people blacklisted."
In accordance with the Supreme Court and Central civilization Office, following a disciplinary measure of credit, to the punishment of the person subjected to execution for breaking, including a ban on flying, train soft sleeper, restricting loans in financial institutions or credit card, and restricting high consumption, and so on, to a large extent, played the role of limitations and discipline.
"ID card cannot be used, he can also use the Passport to travel," yeguo mother, said to include a village "promise people the blacklist" does not affect their travel activity. Journalists access to the interface found in early November of this year at an industry forum in Hainan, according to its official description, a village in as facilitator of the CCTV was invited to attend.
In addition, yeguo's mother told the interface for journalists over the past two years, live television will still appear in the wood figure, Chaoyang people's Court sent bailiffs trying to enforce the judgment several times, also is back. Once because out of concern that affect broadcast consideration there once this year on September 8, the judges with the Marshal, head of CCTV to a village prepared to enforce the Court judgment, but CCTV issued a note to the judge, said a village is on leave, this note has diesel-colleague Sandy's signature, but no official seal.
Yeguo side of the story, interface, Chaoyang District, in charge of the case of the journalist tries to verify the execution Chamber, but the judges call the parties always unanswered.
The employer cannot sit idly by and even cover up
On November 23 in Beijing of an "employers involved in combating domestic violence" Symposium, yeguo case became one of the core case, participants hope that the imminent implementation of the "law on protection against domestic violence" can provide legal help to leaves and fruit.
People's Republic of China Law on protection against domestic violence (draft) has entered the stage of the NPC. Sources said, the Bill will be the fastest in the voting this year. After the adoption of this law will become China's first national legislation to combat domestic violence.
NGO "women's rights organizations" sponsor Feng Yuan, said at the seminar, following a draft, and there are many places that need improvement.
Combined with the yeguo case, said Feng Yuan, current published the draft anti-domestic violence law has two disadvantages.
In the draft on the one hand, domestic violence is defined as a "member of the family between body, spirit and other aspects of violence against" while family members are "spouses, parents, children and other close relatives of the common life." Feng Yuan, but believes that in the definition of the family, should not be limited to family members in the legal sense, but should also include a relationship after breaking up, such as the former spouse after a divorce, "features of these relations in crime and violence, and domestic violence have similar characteristics, and two families, violence relationships between natural persons without similarities. "
In addition, Feng Yuan, said the list of forms of domestic violence is not limited to physical violence and force the restriction of personal freedom, but also includes psychological violence, such as verbal abuse, intimidation, use child control and even torturing each other.
Apart from the above two points, more than women's rights experts also stressed that calls for employer responsibility against domestic violence should also be reflected in the law.
In the case of yeguo, yeguo and his family have tried to find a coordinated a village unit CCTV solution, but for "family affair" and "legal channels" reason rejected. In this connection, lawyer Lin Lixia of Beijing Zhongze women's legal services center, the employer has the ability to find the party, also have an obligation to cooperate with judicial bodies, assist the Court in the enforcement of sentences. But most of the time, the employer will be "chores" for the harbour party, instead of making violence to discourage those who.
In the published draft law against domestic violence, employer responsibilities involve two Office, respectively, "the employer should do against domestic violence publicity and education work of the staff", "families of the victims and their legal representatives or near relatives, can contribute to the unit where the perpetrator or the victim ... ... Complaints and requests for assistance. "
National People's Congress, China Women's University professor said Sun Xiaomei, the perpetrators, the employer may take the appropriate measures to punish, to serve as a warning.
Interface news understands that, by the end of 2014, more than 20 provinces across the country to enact domestic violence legislation, regulations and decisions, some local laws and regulations on anti-domestic violence defines the responsibility of the employer. As provided for in local legislation by the end of September 2005, Hainan Province, the unit education, punishment of violence; Changchun City, launched in March 2009 by the prevention and suppression of domestic violence Ordinance also stipulates: "where the perpetrator of domestic violence units or organizations should give criticism to perpetrator of domestic violence education and correction, and depending on the seriousness of the punishment. "In addition, yinchuan and Ningbo, even to default prevention and suppression of domestic violence unit and head directly to the functions of administrative sanction provisions are made.
Interface was informed that journalists from the 23rd Forum, including several women's rights, women's rights and institutions institutions jointly organized by "civil advocacy working group against domestic violence legislation" has submitted to the Legislative Affairs Office of the State Council, including the employer's liability against domestic violence shall be reflected in law and other related legislation.
No comments:
Post a Comment