精神暴力也是家暴,最高法典型案例释放明确信号
Nan Fang Du Shi Bao·2025-11-22 12:14

Core Viewpoint - The Supreme People's Court has released eight typical domestic violence cases from the past three years to highlight the legal application, evidence recognition, and handling measures in such cases, drawing significant attention from various sectors [1][2]. Group 1: Legislative and Judicial Developments - The Anti-Domestic Violence Law, effective from March 1, 2016, is China's first specialized legislation in this area, focusing on prevention, handling of domestic violence, personal safety protection orders, and legal responsibilities [1]. - The release of typical cases aims to enhance public understanding of the law and emphasize that violence has no place in family relationships, reinforcing the need to adhere to legal boundaries [3]. Group 2: Case Characteristics and Judicial Trends - The recognition of domestic violence has been expanded to include psychological abuse, as seen in the case of Mou's abuse, where mental torment is now considered a form of domestic violence [2]. - The judicial approach has shifted to center around the victim's testimony, as demonstrated in the case of Ren's sexual assault, where detailed victim accounts are prioritized, enhancing the protection of victims [2]. - The principle of maximizing the interests of minors is emphasized, with courts generally ruling that perpetrators should not directly raise minor children to prevent psychological trauma and the intergenerational transmission of violence [2]. Group 3: Impact of Typical Cases - The publication of typical cases serves multiple purposes: educating the public about legal knowledge, revealing issues through specific cases to improve judicial thinking, and deterring potential offenders by showcasing the serious consequences of domestic violence [3]. - Continuous efforts are needed to combat domestic violence, from legislative initiatives to strict case handling and the release of typical cases, creating a more robust legal framework to protect victims and deter offenders [3].