“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？

Core Viewpoint - The Supreme People's Procuratorate's statement that "cohabitation before marriage is recognized as a family member" aims to enhance the protection of domestic violence victims and clarify the legal status of cohabiting partners in cases of domestic abuse [3][5][7]. Summary by Sections Legal Interpretation - The recognition of cohabitation as a family relationship is based on the need for comprehensive protection against domestic violence, allowing for the classification of psychological abuse as domestic violence [3][11]. - The statement aligns with recent cases, such as the Ma case, which included stable cohabitation and psychological abuse under the definition of domestic violence [3][7]. Public Reaction and Misunderstandings - Many public concerns regarding the implications of this recognition, such as the potential downgrading of serious offenses to domestic violence, stem from misunderstandings of the legal definitions and the seriousness of domestic violence [4][10]. - Experts suggest that the public's confusion is partly due to past leniency in handling domestic violence cases, leading to a perception that such cases are treated lightly [12][14]. Judicial Practice and Challenges - There is a noted discrepancy in how domestic violence cases are handled in practice, with some judges and law enforcement treating them as minor disputes rather than serious crimes [12][13]. - The lack of clear standards for recognizing cohabitation in judicial practice raises concerns about consistent application of the law [8][11]. Legislative Context - The current legal framework does not include a specific "domestic violence crime," and the measures for addressing domestic violence primarily involve protective orders and educational interventions [11][14]. - Recent statistics indicate that over 500 domestic violence offenders have received severe penalties, including life sentences, highlighting the judiciary's commitment to addressing serious cases [9][11]. Recommendations for Improvement - Experts advocate for better training and awareness among law enforcement and judicial personnel regarding the severity of domestic violence to prevent misclassification of cases [12][14]. - There is a call for legislative adjustments to increase the maximum penalties for domestic abuse offenses to reflect the seriousness of the crime [14][15].