Will domestic violence be held accountable and what should be done?

You won't be held accountable anymore.

Because the victim has already expressed understanding to you, and the fight between you is caused by family conflicts, which is different from ordinary fights and brawls, and is not a single causal relationship, the police will generally mediate if the serious consequences are not completed for fights caused by ordinary family disputes, and after reaching a mediation agreement, they will not be held accountable.

However, if there is regular domestic violence and abuse of family members, causing serious consequences, such as beating and maiming family members, causing serious mental damage, etc., they may be criminally responsible.

Cherish your family, they are the ones who will accompany you for a lifetime.

1. Where domestic violence is committed, the victim has the right to make a request, and the residents' committee, villagers' committee, and the unit to which they belong shall dissuade and mediate. Victims have the right to make a request for ongoing domestic violence, and residents' committees, villagers' committees, and units to which they belong shall dissuade them, and the public security organs shall stop them. Where domestic violence is committed, and the victim requests it, the public security organs shall give administrative punishments in accordance with the provisions on public security administrative punishments.

2. The occurrence of domestic violence can be taken as a legal cause for divorce, that is to say, the victim of domestic violence can use violence as a condition for divorce, as a right granted to the victim by law, and the victim may not be raised, and the court cannot rule on the party to divorce on this ground.

3. According to Article 1091 of the Civil Code (effective as of January 1, 2021), a victim of domestic violence may apply for fault compensation after divorce, that is, after divorce, he may request the other party to compensate for losses in accordance with the provisions of the Civil Code on divorce fault compensation, and at the same time, the victim may directly request the perpetrator to bear tort damages in accordance with the provisions of the Civil Code.

4. In accordance with the provisions of the Civil Code, where the commission of domestic violence constitutes a crime, criminal responsibility shall be pursued in accordance with law, and the victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law, the public security organ shall investigate in accordance with law, and the people's procuratorate shall initiate a public prosecution in accordance with law. The Civil Code, as a civil law, does not provide for a separate offence for acts of domestic violence, and whether or not domestic violence constitutes a crime and how it is punished must be resolved through criminal law. For example, China's criminal law stipulates the crimes of maltreatment, intentional homicide, etc., and if domestic violence meets the constitutive elements of one of these crimes, it can be punished in accordance with the provisions of the criminal law on that crime, and the victim can obtain effective relief in accordance with the law.

Domestic violence can be subject to criminal and civil liability.

You won't be held accountable anymore.

Because the victim has already expressed understanding to you, and the fight between you is caused by family conflicts, which is different from ordinary fights and fights, and is not a single causal relationship, therefore, the police will generally go to Liang to mediate if the serious consequences of the fight caused by ordinary family disputes are not completed, and after reaching a mediation agreement, they will not be held responsible.

However, if you often commit domestic violence and abuse family members, causing serious consequences, such as beating and maiming family members, causing serious mental damage, etc., you may be criminally responsible.

Cherish your family, they are the ones who will accompany you for a lifetime.

1. In civil matters, the victim is the innocent party, and the perpetrator is the guilty party. If the divorce is caused by domestic violence, the party who crosses the bridge shall be liable for damages, including property damage and moral damage. The innocent party shall be compensated for the medical expenses, lost work expenses, nursing expenses, etc., incurred by the innocent party due to the violence, and shall also bear the disability compensation of the innocent party if the disability of the innocent party is caused.

2. In criminal matters, if the perpetrator causes minor injury, serious injury, or death to a family member, and a crime is constituted, the judicial organs shall investigate his criminal responsibility. 3. Administratively, if the circumstances of the violence are relatively minor and minor injuries are caused, and the victim is called upon to make a request, the public security organ may, in accordance with the "Public Security Administration Punishment Regulations," warn, fine, or detain the perpetrator.

Article 33 of the Anti-Domestic Violence Law of the People's Republic of China stipulates that where the perpetrator commits domestic violence and constitutes a violation of the administration of public security, he shall be given a public security administrative punishment in accordance with law;where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: Criminal Responsibility of Perpetrators of Domestic Violence According to relevant laws and regulations, if a family member is abused, and the circumstances are heinous, he 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 crimes in the first paragraph, it is to be handled only if the complaint is made, 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.

Legal basis: "Criminal Law of the People's Republic of China" Article 260 Whoever abuses a family member, and the circumstances are heinous, is to be sentenced to up to two years imprisonment, 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 crimes in the first paragraph, it is to be handled only if the complaint is made, 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. Article 260-1: Where a person with guardianship or care duties abuses a person under guardianship or care for minors, the elderly, the sick, the disabled, or so forth, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where conduct in the first paragraph concurrently constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

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.

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.