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According to the relevant laws and regulations, if there is no evidence even if only two people are present, but the statements of the parties can be used as evidence, and if it is verified to be true, as the basis for determining the facts, and meets the provisions of Article 32 of the Marriage Law, the people's court will sentence the divorce according to the actual situation and relevant legal provisions.
Marriage Law of the People's Republic of China
Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Civil Procedure Law of the People's Republic of China
Article 63: Evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
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Remember to take pictures of the scars next time, or go to the hospital for identification, and the witnesses are also evidence.
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There is no evidence at the time to testify. If you don't have a chance of winning, it's a note. So. If the divorce is not filed, the separation can be carried out.
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The child is under the age of 18 and does not belong to the category of witnesses.
As for the topic of domestic violence, it is generally resolved through neighborhood committees, etc., and in special cases, it is recommended to go to the women's federation.
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It depends on how old the child is, and this kind of thing happens as little as possible. It's better to communicate more, people have feelings.
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Report the crime immediately, you don't necessarily need to be injured, but be sure to leave a record for him!
Then next time, if you kill him by mistake, you will not be guilty.
Children can be witnesses. But remember to keep a case record, he knows that he has a case record, so he won't dare to bully you like this anymore.
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If there is evidence, the divorce will be granted more quickly, and compensation can be obtained in the division of the family property.
If there is no evidence, there is no other way to prove that your relationship has broken down, and then it will be treated as a normal divorce.
Or you can negotiate a divorce with your husband, perhaps sooner.
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Be smart and find a way to gather evidence.
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As long as you are iron-hearted, how can you leave?
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If the court finds that your relationship has broken down, even if there is no domestic violence, it will also rule that you will be divorced.
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Those suspected of assembling a crowd to fight, and other ringleaders and others who actively participate, may be sentenced to up to three years imprisonment, short-term detention, or controlled release.
Legal basis: Criminal Code
Article 292 [Crime of assembling a crowd to fight; the crime of intentional injury; Intentional homicide] Gathering a crowd to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
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No, the other party said that you must have relevant evidence to prove that you beat him, and if there is no evidence and it is just a verbal description, the public security organ will not accept it.
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You can appeal and ask the other party to produce evidence, because law enforcement is based on evidence.
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It's going to be fine. The police will further collect evidence to prove that the other party's claim is not true. Article 23 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" All materials that may be used to prove the facts of a case are evidence.
Evidence in administrative cases handled by public security organs includes: (1) physical evidence; 2) documentary evidence; (3) The victim's statement and other witness testimony; (4) Statements and defenses of the suspect in violation of the law; (5) Appraisal opinions; (6) Records of inquests, inspections, and identifications, as well as on-site records; (7) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.
Article 24: Public security organs must follow legally-prescribed procedures to collect evidence that can confirm whether the suspect violated the law and the severity of the violation. It is strictly forbidden to extort confessions by torture and to use threats, deception, or other illegal methods to gather evidence. The statements and defenses of suspects who have violated the law and have been collected by illegal methods such as extorting confessions by torture, as well as the statements of the victims and other witness testimony collected by illegal methods such as violence or threats, cannot be the basis of a verdict.
Where the collection of physical or documentary evidence does not comply with legally-prescribed procedures and might seriously impact the fairness of law enforcement, it shall be supplemented and corrected or a reasonable explanation shall be made; Where it cannot be supplemented or corrected or a reasonable explanation can be made, it cannot be the basis of a verdict.
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Hello, according to the provisions of China's marriage law, the court can grant a divorce after two years of separation!
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You can divorce by agreement or by litigation, and litigation divorce is longer.
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