未婚不是家暴的免罪牌

Core Viewpoint - The recent cases highlighted by the Supreme People's Procuratorate and the Supreme People's Court signify a shift in the legal interpretation of "family members" in domestic violence cases, recognizing stable cohabiting partners as family members under the law, thus expanding protections against domestic violence beyond marriage [1][2][3] Legal Framework and Implications - The cases of Ma and Miao demonstrate the effective integration of criminal law with anti-domestic violence laws and women's rights protection laws, indicating that stable cohabitation qualifies individuals as family members without the necessity of a marriage certificate [2][3] - Article 260 of the Criminal Law defines "abuse" as actions between family members living together, traditionally limited to those in marriage or blood relations, but now includes stable cohabiting partners, reflecting the evolving social dynamics [2][3] - The Anti-Domestic Violence Law and the Women's Rights Protection Law broaden the scope of protection against domestic violence, emphasizing the need for legal recognition of non-marital intimate relationships [3][4] Social Perception and Misunderstandings - There is a common misconception that recognizing cohabiting partners as family members may lead to leniency in punishment for domestic violence; however, the definition of domestic violence encompasses a wide range of abusive behaviors, ensuring that all forms of violence are addressed [4][5] - Some individuals question the emphasis on "family members" in the context of domestic violence, arguing that violence should be treated uniformly regardless of the relationship; however, the concept of domestic violence is crucial for protecting women's rights and allowing legal intervention in private matters [4][5] Ongoing Challenges and Future Directions - The term "family" in the context of domestic violence does not imply leniency from the state; rather, it highlights the hidden and controlling nature of such violence, which can lead to ongoing harm and societal instability [5][6] - Addressing domestic violence requires more than just legal repercussions; it necessitates fostering equitable gender relations and societal consensus that violence is unacceptable in any form [6]