Guangdong makes it clear that minors who witness domestic violence are victims of domestic violence.

　　Refine the definition of domestic violence and make it clear that it is also domestic violence that commits violations through the internet; Improve the mandatory reporting system, and include those who are unable to report due to old age, disability, serious illness, coercion, intimidation and other reasons into the protection object; Creatively expand the protection object, and make it clear that minors who witness domestic violence are victims of domestic violence …

　　A few days ago, the Measures for the Implementation of the Anti-Domestic Violence Law of People’s Republic of China (PRC) in Guangdong Province (hereinafter referred to as the Measures) was voted by the 22nd meeting of the Standing Committee of the 13th National People’s Congress of Guangdong Province and will be implemented on October 1, 2020.

　　It is understood that the "Measures" have a number of highlights reflecting Guangdong characteristics. The relevant person in charge of the Guangdong Women’s Federation, the drafting unit, said that it is of great significance for the Measures to innovate relevant work systems and measures and strive to build an anti-domestic violence prevention and control system with Guangdong characteristics to promote the province’s anti-domestic violence work, safeguard the legitimate rights and interests of women and children, promote family harmony and maintain social stability.

　　Chen Yongkang, deputy director of the Social Committee of the Guangdong Provincial People’s Congress, introduced that during the drafting of the Measures (Draft), relevant systems were established to solve the problems existing in the current anti-domestic violence work, such as unclear division of responsibilities among departments, nonstandard handling of complaints, difficulty in giving evidence to victims of domestic violence, and insufficient assistance to victims, and efforts were made to legislate against the problems and solve the problems through legislation. At the same time, learn from the experience of brother provinces, adapt to local conditions, and do not simply transplant.

　　Li Mingshun, secretary of the Party Committee and professor of China Women’s University, believes that the overall characteristics of the Measures are the most striking: First, it highlights the responsibility of public power to moderately intervene in domestic violence; Second, it is emphasized that the prevention and treatment of domestic violence must adhere to the victim-oriented principle and give priority to the rescue of victims.

　　It is understood that the "Measures" innovate relevant work systems and measures, presenting ten highlights.

　　Highlight 1: Domestic violence is expressed by sub-items, and "freezing hunger", "stalking", "harassing" and "spreading privacy" are clearly defined as domestic violence.

　　The Measures itemize domestic violence from five aspects: injury, restriction of personal freedom, threat to personal safety, mental aggression and other domestic violence. According to the needs of work practice and in response to social concerns, freezing hunger, confinement, stalking, harassment, slander and spreading privacy are clearly defined as domestic violence. Clearly through the Internet and other means to implement the relevant violations, but also domestic violence.

　　Highlight 2: Anti-domestic violence implements social co-governance, and if the victim is found to face personal safety threats, he should call the police in time.

　　Several articles of the Measures respectively stipulate the responsibilities and obligations of people’s organizations, village (neighborhood) committees, social organizations, enterprises and institutions to carry out anti-domestic violence. It is stipulated that any unit or individual has the right to dissuade the ongoing domestic violence, and the victim who is threatened by personal safety shall report the case to the public security organ in time.

　　Highlight 3: Build a comprehensive prevention system for anti-domestic violence work, and bring domestic violence prevention work into grid management.

　　The "Measures" respectively define the responsibilities of all parties concerned around strengthening the publicity and education of family virtues and anti-domestic violence laws and regulations, conducting business training, promoting the construction and sharing of information resources, and resolving conflicts and disputes between marriage and family. Among them, people’s governments at all levels are required to incorporate family education guidance services into the urban and rural public service system; Require the civil affairs department to guide the marriage registration authority and provide marriage and family counseling services for the parties involved in marriage registration; Schools and kindergartens are required to carry out self-protection awareness publicity and education for students and children.

　　Highlight 4: Establish and improve the linkage mechanism of anti-domestic violence, and handle major cases with bad social impact together.

　　The Measures clarify the responsibilities of the people’s governments at or above the county level to establish and improve the linkage mechanism against domestic violence. Require the first department and unit to do a good job of acceptance, follow-up and referral according to their job responsibilities; Major cases of domestic violence involving the responsibilities of multiple departments and units or cases of domestic violence with bad social impact shall be handled jointly with other relevant departments and units.

　　Highlight 5: Improve the mandatory reporting system and expand the protected objects and reporting subjects.

　　In terms of mandatory reporting, people who cannot report due to old age, disability, serious illness, coercion, intimidation and other reasons are included in the protection object, and people’s mediation organizations and their staff are added as the subject of mandatory reporting.

　　Highlight 6: Standardize the public security organs to receive the police, and issue a warning in "four situations".

　　The public security organs are explicitly required to include the domestic violence alarm in the scope of the "110" police service. After receiving the domestic violence report, they should go to the police in time, make a police record, and do a good job in stopping domestic violence, collecting evidence, finding out basic facts, assisting in rescue, identifying injuries, assisting in asylum, and informing victims of their rights. The public security organ shall accept and investigate domestic violence in violation of public security administration according to law; Anyone suspected of committing a crime shall file a case for investigation according to law. The public security organ shall issue a warning if the circumstances of domestic violence are relatively minor, and the public security administration punishment is not given according to law, which is in line with one of the four situations, such as "failure to obtain mediation from the victim".

　　Highlight 7: Enrich the measures of personal safety protection orders, and you can apply for multiple protection measures, and the court will make them in batches.

　　The Measures stipulate that the personal safety protection order can take the following measures: prohibition order, departure order and removal order. Where the applicant is required to apply for a number of habeas corpus measures, the people’s court may make them several times in batches.

　　Highlight 8: Special chapter provides assistance to victims of domestic violence, and temporary shelters should protect the privacy of victims.

　　Attach importance to the assistance to victims, and set up a special chapter on "assistance to victims of domestic violence" to provide victims with multi-level, diversified and three-dimensional assistance from temporary shelter, social assistance, legal aid and judicial assistance, covering temporary accommodation, legal needs, psychological services and difficult assistance.

　　Highlight 9: Improve the family investigation system and the lawyer’s investigation and evidence collection system, and promote the solution to the problem of difficult proof.

　　It is clear that in the civil action of domestic violence, if the victim cannot collect evidence by himself due to objective reasons, he can entrust a lawyer to investigate and collect relevant evidence according to law.

　　Highlight 10: Creatively expand the object of protection, and minors who witness domestic violence are victims of domestic violence.

　　Strengthen the protection of minors and make it clear that minors who witness domestic violence are victims of domestic violence.