“婚前同居认定属于家庭成员”:网民担心什么?反家暴司法实践有何困境?
Di Yi Cai Jing·2025-11-27 11:22

Core Viewpoint - The recent statement by the Supreme People's Procuratorate recognizing cohabitation before marriage as a family relationship has sparked intense public discussion regarding its implications for domestic violence cases and legal interpretations [1][2][3] Group 1: Legal Interpretation and Implications - The Supreme People's Procuratorate's announcement aims to enhance the protection of domestic violence victims by recognizing stable cohabitation as a family relationship under the law [1][3] - The case of Ma Moumou, which involved mental abuse within a stable cohabitation context, exemplifies the application of this new interpretation, allowing for a more comprehensive legal approach to domestic violence [1][3] - The recognition of cohabitation as a family relationship is specifically targeted at domestic violence issues and does not extend to other legal areas, alleviating concerns about potential impacts on property rights [4][5] Group 2: Public Misunderstandings and Concerns - Many public concerns stem from a misunderstanding of the legal implications, with some fearing that intentional harm could be downgraded to domestic violence, leading to lighter penalties [5][6] - The perception that domestic violence is treated less severely than other forms of violence is a significant issue, as many believe that minor acts of domestic violence are not taken seriously enough by the judicial system [5][7] - Experts emphasize the need for improved public understanding of domestic violence, which can encompass a range of behaviors, including severe cases that may lead to more serious charges [5][9] Group 3: Judicial Practice and Recommendations - There is a recognized need for reform in judicial practices regarding domestic violence cases, as some judges may not fully grasp the severity of such cases, leading to lenient sentencing [7][8] - The current legal framework lacks a specific "domestic violence crime," which complicates the prosecution of such cases, necessitating a better integration of laws to ensure appropriate penalties [6][8] - Experts advocate for increased training and awareness among law enforcement and judicial personnel to ensure that domestic violence is treated with the seriousness it deserves [8][9]