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婚前同居认定为家庭成员
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“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?
第一财经· 2025-11-27 13:39
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].
“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]