Why should domestic violence be held administratively liable?

What will happen if a man slaps a woman?

Legal Analysis:1Civil liability, in China's "Marriage Law", if one party can not endure domestic violence, the court can rule that the two parties divorce, and can also claim corresponding civil compensation, that is to say, the person who commits domestic violence not only has to bear the legal judgment of divorce, but also may bear some civil liability compensation.

2.Administrative legal liability, in accordance with the provisions of the Public Security Administration Punishment Regulations, those who commit domestic violence that does not constitute a crime may be detained for up to 15 days, fined up to 200 yuan, or given a warning.

3.Criminal liability, domestic violence is likely to be under criminal law if it is serious.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Civil Code of the People's Republic of China

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Unhappy marriages are often accompanied by domestic violence, what kind of legal responsibility will be borne if domestic violence is committed? We can divide its responsibilities into the following three categories:

1.civil liability; In China's "Marriage Law", if one party cannot endure domestic violence, the court can rule that the two parties are divorced, and can also claim corresponding civil compensation, that is to say, the person who commits domestic violence not only has to bear the legal judgment of divorce, but also may bear some civil liability compensation.

2.administrative legal liability; According to the regulations on public security administrative punishments, those who commit domestic violence but do not constitute a crime may be detained for up to 15 days, fined up to 200 yuan, or given a warning.

3.criminal source liability; According to Article 260 of the Criminal Law of the People's Republic of China, a person who abuses a family member and the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or controlled release. Where the crime in the preceding paragraph is committed, causing serious injury or death to the victim, a sentence of between two and seven years imprisonment is to be given.

For the crime in the first paragraph, the first person to make a complaint will be dealt with, except where the victim does not have the ability to make a complaint, or is unable to make a complaint because of coercion or intimidation.

If the defendant is convicted of the crime of late domestic violence, he will face criminal liability and may be sentenced to fixed-term imprisonment, criminal detention, fines and other punishments.

In addition, if the victim files a civil lawsuit, the defendant Dongpi also needs to bear civil liability, including the payment of compensation. They may also be subject to administrative measures such as restrictions on personal freedom, control, protection orders, etc.

The legal liabilities for domestic violence mainly include civil liability, administrative liability and criminal liability. 1. Civil liability, according to the regulations, domestic violence is one of the statutory grounds for divorce, and the victim can ask the perpetrator of domestic violence to bear civil liability for damages. 2. Administrative legal liability: According to the provisions of the Regulations on Public Security Administration Punishments, those who commit domestic violence and do not constitute a crime may be detained for up to 15 days, fined up to 200 yuan, or given a warning.

3. Criminal liability: Serious domestic violence will constitute the crimes of violent interference with the freedom of marriage, abuse, intentional injury, intentional homicide, insult and other crimes in the Criminal Law. According to Article 1091 of the Civil Code, the innocent party has the right to claim damages if a divorce is caused by any of the following circumstances: (1) bigamy; 2) cohabitation with another person; 3) Carrying out violence in the home market; 4) Abuse or abandonment of family members; 5) There are other major faults.

Hello, the following responsibilities may apply.

1) Liability for civil tort. If domestic violence causes injury to others, it is necessary to bear tort liability and compensate others for their losses.

2) Administrative Responsibility. Where domestic violence constitutes a violation of the administration of public security, a public security administrative sanction is to be given.

3) Criminal liability. Where the violence is more serious and constitutes a crime, criminal responsibility is pursued.

Article 33 of the "Anti-Domestic Violence Law" Where the perpetrator commits domestic violence and knows that it constitutes a violation of the administration of public security, a public security administrative sanction is to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Domestic violence is a global problem, and it has always existed, regardless of the era, in any country, and even regardless of gender, there are domestic violence victims. Recently, there have been a succession of well-known Internet celebrities exposing their ex-boyfriends' domestic violence, and well-known male stars being exposed by their ex-girlfriends about domestic violence, which has been shocking, not to mention that there are still many people in thousands of families behind the Internet who are silently suffering from domestic violence! Domestic violence is not just a moral issue, it has crossed a legal red line, but the concept of "family matter" has long prevented victims from defending their rights.

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In addition to the Marriage Law, China has had an independent Anti-Domestic Violence Law since 2016 to prevent and stop domestic violence and protect the legitimate rights and interests of family members. Among them, articles 33 and 34 clearly stipulate: If the perpetrator commits domestic violence, which constitutes a violation of the administration of public security, he shall be given a public security administrative punishment in accordance with the law, and may be fined up to 1,000 yuan and detained for up to 15 days according to the severity of the circumstances; If the circumstances are serious and constitute a crime, criminal responsibility will be pursued in accordance with law.

What are the legal responsibilities for committing domestic violence?

1. Civil liability.

According to the provisions of China's "Marriage Law", domestic violence is one of the statutory grounds for divorce, and it is a factor that seriously "destroys the relationship between husband and wife", so if the victim files a lawsuit for divorce on the grounds of "domestic violence", the court should support it; In addition, the victim may claim civil liability for damages from the perpetrator of domestic violence on the ground that the perpetrator of domestic violence has suffered physical or mental harm.

In other words, the victim of domestic violence can file for divorce and claim compensation, and depending on the situation, the other party can even leave the house at the time of divorce!

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3) Criminal liability.

If the seriousness of domestic violence has reached the criteria for determining a crime, and the relevant provisions of the Criminal Law have been violated, the perpetrator of domestic violence shall bear criminal responsibility. For example, the perpetrators of domestic violence have committed acts that constitute violent interference with the freedom of marriage, abuse, intentional injury, intentional homicide, and insulting brothers and sisters. Where domestic violence constitutes the crime of abuse, the sentence shall be up to 2 years imprisonment, short-term detention or controlled release; If the perpetrator of domestic violence constitutes the crime of insult, he shall be sentenced to fixed-term imprisonment of not more than 3 years, controlled release or deprivation of political rights; If the act of domestic violence causes serious injury or death to the victim, the sentence shall be between 2 and 7 years imprisonment.

Domestic violence has been banned, but why are so many people still afraid to resist domestic violence? First, they are afraid of attracting more frenzied violence, and second, they are afraid that it is useless to resist, and they are afraid that law enforcement officers will find it troublesome to persuade peace through family affairs. According to article 23 of China's "Anti-Domestic Violence Law", where a party applies to the court for a personal safety protection order because he or she has suffered domestic violence or faces a real danger of domestic violence, the people's court shall accept it.

Article 36 of the law also stipulates that staff members who are responsible for combating domestic violence shall be punished in accordance with the law for dereliction of duty, abuse of power, or twisting the law for personal gain, and if a crime is constituted, they will also be investigated for criminal responsibility in accordance with the law!