Yiwu stipulates that you can check the history of each others domestic violence before marriage

category:Global
 Yiwu stipulates that you can check the history of each others domestic violence before marriage


The available information includes whether the punishment or administrative punishment is imposed due to domestic violence since 2017, and the restriction of personal safety protection order. The system will be piloted from July 1.

Lu Xiaoquan, executive director of Beijing Qianqian law firm, believes that this system provides a reference for both parties before marriage, which is a good thing, and the key lies in the follow-up implementation. He suggested that all cases of domestic violence involved in the field of public security organs and law could be included in the marriage registration and query system after the trial was mature.

Han Jin, a lecturer in the law department of the school of Humanities of Harbin University of engineering and a part-time lawyer of Heilongjiang Wuzhou law firm, said that the opinions have positive progressive significance, which can satisfy the right to know of both parties in the object personality before the marriage is concluded, and also endow one Party of marriage with a legitimate and reasonable right to choose before the marriage is concluded.

Highlight 1: which domestic violence behaviors are included in the scope of registration and inquiry?

u2014u2014Punishment for domestic violence or restriction by personal protection order

On June 22, the six departments of Yiwu Municipal Committee of politics and law, the municipal court, the Municipal Womens Federation, the municipal public security, the municipal civil affairs and the municipal data management center jointly issued the opinions on establishing a query system for marriage registration of persons involved in domestic violence (for Trial Implementation), It is suggested that people who have domestic violence to a certain extent should be registered in the field of marriage registration, and the marriage and love objects can check whether the other party has domestic violence records.

According to the opinions, there are three situations included in the registration of domestic violence register: from 2017 to now, they have been sentenced to criminal punishment for domestic violence, ruled by the peoples court to be restricted by the order of personal safety protection, and imposed administrative detention by the public security organ.

In practice, how to distinguish the three situations?

Lu Xiaoquan, executive director of Beijing Qianqian law firm, explained that the first and third criteria are the result of injury identification. If the result of injury identification is minor injury, it is in line with the third situation; if the result is minor injury or above, it will rise to criminal offence, which may involve intentional injury crime, intentional homicide crime, abuse crime, etc.

The second situation mainly depends on whether the victim has the consciousness of applying for the protection order. According to Article 23 of the anti domestic violence law, if a party applies to the peoples court for a personal safety protection order due to domestic violence or the actual risk of domestic violence, the peoples court shall accept it.

Even if the degree of minor injury is not reached, the victims have photos of injuries, witness testimony, telephone recording, hospital records, wechat chat records, even the registration form of the womens Federation, the mediation letter of the mediation committee of the neighborhood committee and other evidence, which can form a basic evidence chain to prove that they have been subjected to domestic violence, and apply for a personal protection order to the court, which will be reviewed and issued by the court according to law. Lu Xiaoquan said.

Point 2: does domestic violence record involve privacy? Who can inquire?

u2014u2014It is not within the scope of privacy. Only specific related people are allowed to query

In order to prevent information leakage and abuse, the opinion requires that the inquirer must provide his / her own ID card, marriage object ID card information, application, authenticity and confidentiality responsibility letter and other materials, submit the application to the marriage registration office, and check whether the other party has family violence related records after examination.

At the same time, the inquirer shall provide a statement of the authenticity of the marriage and love situation to ensure that there is no fraud and other purposes. The number of inquirers shall not exceed 2 in a year and the number of inquirers shall not exceed 2 in a year.

The opinion also requires that the inquirer must use the inquired information in accordance with the law and strictly abide by the confidentiality terms. The inquired results are only used as a reference to whether the marriage object has ever had domestic violence, and shall not be used for illegal purposes and improper purposes. If the illegal use of the query results causes damage to others, it shall bear the corresponding legal consequences.

Li Mingshun, vice president of Marriage Law Research Association of China law society, thinks that the people who are included in the registration scope are those who have achieved a certain degree of domestic violence and have been punished for public security, punishment, etc. his behavior has endangered other peoples interests and involved other peoples interests. For the perpetrators, it is no longer personal privacy, and can be given to the other party for inquiry right. Of course, the opposite party cannot use this information inappropriately.

In foreign countries, there is a publicity system for serious violent crimes and related crimes, because their actions are harmful to the public and the safety of others, they are no longer personal privacy. Li Mingshun said.

Han Jin also believes that the law does not protect illegal acts, and the record of domestic violence does not belong to the content of privacy protection. Moreover, at present, only marriage and love objects are allowed to obtain such information. Domestic violence itself has a certain degree of social risk, so that specific relevant personnel can understand this information, which helps to avoid this social risk and meet their right to choose.

Highlight 3: what should I do if there is domestic violence but it is not within the scope of inquiry?

u2014u2014When the pilot project is mature, it can be expanded to include all information related to domestic violence

LV Xiaoquan reminded that in practice, there is the possibility of domestic violence but not punished. Considering the completeness of the family, the existence of feelings, and the influence on childrens examination of civil servants and participation in the army after staying at the end of the case, the victim may withdraw to inform the public security organ that considering the victims factors, the case may be closed without punishment.

This system is aimed at the relatively serious domestic violence. If there is no alarm or no punishment after the alarm, it is not in the scope of inquiry. Lu Xiaoquan suggested that those who enter the public prosecution system and have serious circumstances should be tested first, and a pre marriage inquiry system should be established for both parties to prepare for the establishment of a marriage relationship. When the pilot project is mature, all cases involving domestic violence that enter the field of public prosecution can be considered to be included in the system.

For example, if a minor injury is not achieved after a domestic violence, but a record is kept after the report is sent to the police, and there is a help record in the public prosecution system, indicating that there is a suspicion of domestic violence; there is also a request to the court for the personal protection order of the applicant, and the court has not issued the evidence chain because it has not formed, these should be included in the scope of inquiry, as a reference for the interested person to establish a marriage relationship. Lu Xiaoquan said.

According to LV Xiaoquan, this provision provides a reference for both parties before marriage, and zero tolerance for post marriage harmony and violence is a good thing. But a good system, a good supporting system, and hard measures need to be implemented to support it, otherwise it will become a dead letter.

He suggested that there should be a leading organization for the implementation of the system, preferably the political and Law Commission should lead the public security organs to do this work, and the public security organs and the courts should take the lead in pursuing the second step. In addition, detailed provisions should be made, including how to share the data of municipal court and public security with the municipal data management center online, and what are the obligations and responsibilities of relevant departments.

The supervision and accountability mechanism is also necessary. Although it is a guiding opinion and has no legal force, the six departments jointly issue it, which also has certain binding force. If it is not done in place, functional departments and public officials do not act and are suspected of dereliction of duty and violation of the law, it is necessary to have strong normative constraints and form rigid guidance documents.

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Opinions aggravate the consequences of domestic violence and satisfy both parties right to know

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u6056789,container:ssp_ 6056789, async:true }In Li Mingshuns opinion, the significance of the regulation lies in prevention, which aggravates the consequences of domestic violence. From the point of view of the parties, if they have been executed a personal safety protection order, or subjected to administrative penalties or penalties during the marriage due to the implementation of domestic violence, they may not be married if the other party inquires about this situation when they remarry in the future. Han Jin said that the opinions clarified the rights and responsibilities of all parties, that is, the identification Party of domestic violence: judicial or administrative organs such as the court and public security (authoritative identification); the management Party of domestic violence information collection: marriage registration agency, womens Federation and other institutions (strict management); the use Party of domestic violence information: men and women to be married (limited use). This opinion is a positive development. It can satisfy the right of knowing the personality of the object of marriage before marriage, and it also endows the right of choosing the right of legitimate and reasonable marriage before marriage Han Jin said. First in China! Yiwu, Zhejiang Province: marriage registration of persons involved in domestic violence can be inquired; women are chased to death by their husbands with knives; they cant bear domestic violence twice; divorce is sued; source: Beijing News; Author: Wang Jun; Xu meihui; editor in charge: Yu Changzhong_ NBJ11145

For this pioneering system, Li Mingshun believed that the significance of the provisions is prevention, which aggravates the consequences of individual domestic violence. From the point of view of the parties, if they have been executed a personal safety protection order, or subjected to administrative penalties or penalties during the marriage due to the implementation of domestic violence, they may not be married if the other party inquires about this situation when they remarry in the future.

Han Jin said that the opinions clarified the rights and responsibilities of all parties, that is, the identification Party of domestic violence: judicial or administrative organs such as the court and public security (authoritative identification); the management Party of domestic violence information collection: marriage registration agency, womens Federation and other institutions (strict management); the use Party of domestic violence information: men and women to be married (limited use).

This opinion is a positive development. It can satisfy the right of knowing the personality of the object of marriage before marriage, and it also endows the right of choosing the right of legitimate and reasonable marriage before marriage Han Jin said.