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Ten Model Cases for the First Anniversary of Implementing the Anti-Domestic Violence Law of the People's Republic of China Published by the Supreme People's Court [Effective]
最高人民法院发布反家庭暴力法实施一周年十大典型案例 [现行有效]
【法宝引证码】

Ten Model Cases for the First Anniversary of Implementing the Anti-Domestic Violence Law of the People's Republic of China Published by the Supreme People's Court 

最高人民法院发布反家庭暴力法实施一周年十大典型案例

(March 08, 2017) (2017年3月8日)

Case No. 1 案例一
Case about Cheng's Application for Revocation of Li's Guardianship 程某申请撤销李某监护人资格案
(1) Basic Facts (一)基本案情
Li and Cheng (female) were husband and wife and they had a legitimate son Li xxCheng (middle name withheld). Since Li xxCheng cried, after taking drugs, Li slapped Li xxCheng in the head and face, causing a large volume of effusion under the dura mater and cerebral contusion in the left frontal lobe and left temporal lobe. It was identified that Li xxCheng's injury was a serious one of the second degree. After that, Li was sentenced to a fixed-term imprisonment of seven years. The China Charities Aid Foundation for Children (hereinafter referred to as the “CCAFC”) helped Li xxCheng and Cheng and raised some medical and living funds for Li xxCheng. The CCAFC and Cheng concluded an Agreement on Joint Guardianship, stipulating that the CCAFC shall serve as an auxiliary guardian for Li xxCheng and undertake the guardianship of Li xxCheng jointly with Cheng. Cheng filed a lawsuit with the People's Court of Tongzhou District, Beijing Municipality for revoking Li's guardianship and confirming that the CCAFC was an auxiliary guardian of Li xxCheng. The Agreement also provides that for the purpose of better recovery of Li xxCheng, with the consent of Cheng, the CCAFC may seek an appropriate agency to take care of Li ssCheng. Cheng filed an application with the People's Court of Tongzhou District, Beijing Municipality and requested the Court to revoke Li's guardianship and designate the CCAFC as an auxiliary guardian of Li xxCheng so as to undertake joint guardianship with Cheng. The CCAFC participated in the litigation as a third person. 程某(女)与李某系夫妻关系,婚生子李某程。因李某程哭闹,李某在吸毒后用手扇打李某程头面部,造成李某程硬膜下大量积液,左额叶、左颞叶脑挫伤,经鉴定为重伤二级。后李某被判处有期徒刑七年。中华少年儿童慈善救助基金会(以下简称基金会)对李某程及程某展开救助,为李某程筹集部分医疗及生活费用。基金会与程某签订《共同监护协议》,约定由基金会作为李某程的辅助监护人,与程某共同监护李某程,并由程某向北京市通州区人民法院起诉撤销李某的监护人资格,同时确认基金会为李某程的辅助监护人。还约定,为了使李某程更好地康复,经征得程某同意,基金会可以寻找合适的寄养机构照料李某程。程某向北京市通州区人民法院提出申请,请求撤销李某对李某程的监护人资格;指定基金会作为李某程的辅助监护人,与程某共同监护李某程。基金会以第三人身份参加诉讼。
(2) Judgment (二)裁判结果
The People's Court of Tongzhou District, Beijing Municipality rendered a judgment to revoke Li's guardianship; and reject other claims of Cheng. 北京市通州区人民法院判决撤销李某的监护人资格;驳回了程某的其他申请。
(3) Significance (三)典型意义
This was a case wherein the mother of a minor filed an application for revoking the father's guardianship. The system of revoking guardianship was an important means for the protection of rights and interests of minors. The system aimed to preventing family harms from minors in a timely manner, provide them with a safe shelter, and promote the healthy growth of minors. As father of Li xxCheng, Li failed to perform the duty of care of the child, but assaulted, after taking drugs, the infant less than three months old, causing severe injury of the second degree, which seriously infringed upon the lawful rights and interests of the minor. As mother of Li xxCheng, Cheng filed an application for revoking Li's guardianship for Li xxCheng, which complied with the provisions of the Anti-Domestic Violence Law and the Court should uphold the application. At the meantime of revoking Li's guardianship, for the purpose of safeguarding Li xxCheng's lawful rights and interests, the Court rendered a judgment that, as Li xxCheng's statutory guardian, Cheng should actively perform the duty of guardianship for Li xxCheng. 本案是一起未成年人母亲申请撤销父亲监护人资格的案件。撤销监护人资格制度,是未成年人权益保护的重要手段,目的是及时终止对未成年人的家庭伤害,提供安全庇护,促进未成年人健康成长。李某作为李某程之父,不仅未尽到对孩子的关怀照顾义务,反而在吸毒后将不足三个月的幼儿李某程殴打至重伤二级,严重侵害了未成年人合法权益。程某作为李某程之母,申请撤销李某对李某程的监护人资格,符合反家庭暴力法的规定,法院予以支持。在撤销李某监护人资格的同时,为保障李某程的合法权益,法院判决程某作为李某程的法定监护人,应积极履行对李某程的监护义务。
The CCAFC has played positive roles in raising funds and treating and curing Li xxCheng in a timely manner, and its acts should be commended and affirmed; however, the CCAFC was not within the scope of statutory guardians and there was no concept of auxiliary guardian in any of the Chinese laws and regulations. Therefore, the Court did not uphold Cheng's claim for the CCAFC to serve as an auxiliary guardian. 虽然基金会在筹集善款、及时救治李某程的过程中,起到了积极的作用,其行为应当得到表彰和肯定,但基金会并不在法定的监护人主体范围内,且我国法律法规中并无辅助监护人的概念。因此对于程某要求基金会担任辅助监护人的请求,法院不予支持。
Case No. 2 案例二
Case about Zhang's Application for an Order to Protect Personal Safety 张某某申请人身安全保护令案
(1) Basic Facts (一)基本案情
Applicant surnamed Zhang (female) and respondent surnamed Xiong were conjugal partners. Zhang filed an application with the People's Court of the High and New Tech Development Zone of Nanchang City, Jiangxi Province, alleging that: Zhang and Xiong started to live together from 1996. After Zhang lost her sight upon lesion of her eyes in 2012, Xiong and his parents maltreated Zhang and used violence on her. Zhang has called the police for multiple times and Zhang's relatives were also threatened and their personal freedom was restricted by Xiong and his family members. On March 12, 2015, Xiong injured Zhang, and during the period of Zhang's hospitalization for treatment, Xiong refused to visit and make an apology to her. After that, Xiong ousted her out of the house and refused to pay medical expenses, leaving her homeless, foodless, and uncared, and had no money for treatment when falling ill. Zhang filed an application with the Court to prevent Xiong from making verbal insults, threatening, calling her names, conducting physical abuse, assaulting, and restricting her personal freedom; and prohibit Xiong from harassing and insulting Zhang's close relatives. 申请人张某某(女)与被申请人熊某某为同居关系。张某某向法院申请述称:张某某与熊某某于1996年同居生活,2012年张某某双眼病变失明后,熊某某及其父母对张某某百般虐待和实施暴力,为此张某某亲属多次报警,张某某亲属也多次遭熊某某及其家人的威胁、限制人身自由。2015年3月12日,熊某某将张某某打伤,在张某某入院治疗期间,熊某某拒绝看望和道歉。之后,熊某某将张某某驱赶出家门并拒绝支付医药费,致张某某居无定所、食无来源、生病无人照料和无钱医治。张某某向江西省南昌市高新技术产业开发区人民法院申请禁止熊某某对其语言侮辱、恐吓、谩骂和肢体暴力、殴打、限制其人身自由;禁止熊某某对其近亲属进行骚扰、侮辱。
(2) Judgment (二)裁判结果
In accordance with Articles 27 and 37 of the Anti-Domestic Violence Law, the People's Court of the High and New Tech Development Zone of Nanchang City, Jiangxi Province rendered a ruling, prohibiting Xiong from committing domestic violence on Zhang and from harassing and insulting Zhang and her close relatives. The valid term of the ruling was six months, effective from the date of service. The ruling came into effect immediately after it was served. 江西省南昌市高新技术产业开发区人民法院依照反家庭暴力法第二十七条、第三十七条规定,裁定禁止熊某某对张某某实施家庭暴力;禁止熊某某骚扰、侮辱张某某及其近亲属。裁定有效期为六个月,自送达之日起生效,送达后立即执行。
(3) Significance (三)典型意义
This is a case wherein the disabled filed an application for a protection order of personal safety. Applicant surnamed Zhang and respondent surnamed Xiong were both disabled people. Although they did not receive a marriage certificate, they have been cohabiting for many years and had a son of their own. In recent years, due to worsening of the eye disease, Zhang was not able to take care of herself. Xiong and his family members treated Zhang roughly in her daily life. In 2015, he assaulted Zhang. The local government and police station have conducted an investigation into and mediation of the disputes between them for multiple times. 本案是一起残疾人申请人身安全保护令的案件。申请人张某某与被申请人熊某某均为残障人士,双方虽未领取结婚证,但同居多年,并育有一子。张某某近年来因眼疾加重,生活无法自理。熊某某及其家人平日对张某某非常粗暴,2015年对张某某进行了暴力殴打,当地政府和派出所均对双方纠纷进行过多次调处。
According to Zhang's application, the Court issued a personal safety protection order according to law and served it upon Zhang, Xiong, and the local villagers' committee as well as the police station. After the personal safety protection order was served upon Xiong, Xiong committed no other offensive conduct. In order to further protect the rights and interests of women, the Court contacted the local comprehensive management office and the villagers' committee to jointly conduct the work and finally determined that Zhang was entitled to a share of house demolition area for one person in the village's allocation of house demolition. At present, Zhang is living in her parents' house and her registered permanent residence has been changed from that of Xiong. The personal safety protection order issued by the court has achieved good legal effect and social effect and has played the role of holding an “umbrella” for women's rights and socially-disadvantaged groups. 法院依据张某某的申请,依法发出人身保护令,送达了张某某、熊某某以及当地的村委会及派出所。人身安全保护令送达后,熊某某没有再采取过过激行为。为了进一步保护妇女权益,法院联系当地综治办、村委会共同做工作,最终确定张某某有权在该村的拆迁房分配中获得一人份额的拆迁房屋面积,现张某某已回到其娘家居住,其户口也与熊某某拆分。法院发出的人身安全保护令,取得了良好的法律效果与社会效果,真正起到了为妇女维权、为社会弱势群体撑起“保护伞”的作用。
Case No. 3 案例三
Case about Li's Application for a Protection Order of Personal Safety 李某申请人身安全保护令案
(1) Basic Facts (一)基本案情
Applicant surnamed Li (female) and respondent surnamed Song were husband and wife, who got married in November 2011. In 2015, Song started to commit such violent acts as roping, assaulting, and cursing Li. On March 15, 2016, after being assaulted for three consecutive days, Li felt helpless and jumped off the building from her home. After she jumped off the building, she was held back upstairs by Song, who continued to assault her until she could not hold on. Song called 120 and sent Li to hospital for treatment. During the time of hospitalization for treatment, Song has harassed her in hospital for multiple times, and abused the doctor, Li, and Li's family members. On September 28, 2016, Li filed an application with the People's Court of Huanggu District, Shenyang City, Liaoning Province for prohibiting Song from committing any domestic violence and prohibiting Song from harassing, tailing after, and coming into contact with Li and her close relatives. 申请人李某(女)与被申请人宋某系夫妻关系,2011年11月结婚。2015年宋某开始对李某实施捆绑、殴打、谩骂等暴力行为。2016年3月15日,李某在被连续殴打三天后,逼迫无奈从家中跳楼,跳楼又被宋某抱回楼上继续殴打,直至李某坚持不住,宋某才拨打120急救电话,将李某送往医院救治。在医院治疗期间,宋某又多次到医院骚扰李某,辱骂医生、病人及李某家属。李某于2016年9月28日向辽宁省沈阳市皇姑区人民法院提出申请,禁止宋某实施家庭暴力,禁止宋某骚扰、跟踪、接触李某及其近亲属。
(2) Judgment (二)裁判结果
On the basis of Li's statements, recorded materials of the public security organ, medical summary of the patient provided by the hospital, opinions of the women's federation of Huanggu District, etc., the People's Court of Huanggu District, Shenyang City, Liaoning Province determined that Li was faced with domestic violence risks. In accordance with the relevant provisions of the Anti-Domestic Violence Law, the Court rendered a ruling, prohibiting Song from committing any domestic violence; and prohibiting Song from harassing, tailing after, and coming into contact with Li and her close relatives. 辽宁省沈阳市皇姑区人民法院根据李某的陈述及公安机关记载材料、医院病情介绍单、皇姑区妇联出具的意见等材料,认定李某面临家庭暴力风险,依照反家庭暴力法的相关规定,依法裁定禁止宋某实施家庭暴力;禁止宋某骚扰、跟踪、接触李某及其近亲属。
(3) Significance (三)典型意义
In accordance with the Anti-Domestic Violence Law, a personal safety protection order covers all periods before and after a lawsuit as well as in the process of the lawsuit, and the application of a party for a personal safety protection order does not depend on the divorce proceedings. In this case, Li applied for a personal safety protection order during the interval of two divorce proceedings. The local women's federation also played a positive role, issued opinions regarding Li's situations, which effectively safeguarded the rights and interests of the domestic violence victim. By issuing a personal safety protection order, the court intervened in domestic violence in a legitimate and proper manner and at an appropriate time, which has protected the personal safety and personal dignity of the victim and manifested the authority of law. 根据反家庭暴力法的规定,人身安全保护令涵盖了诉前、诉中和诉后各时间段,当事人申请人身安全保护令无需依附离婚诉讼,本案李某就是在两次离婚诉讼间隔期间申请的人身安全保护令。当地妇联也发挥了积极作用,为李某出具意见,有效维护了家暴受害者的权益。法院通过发出人身安全保护令,依法、适时、适度干预家庭暴力,保护了受害人的人身安全和人格尊严,彰显了法律的权威。
Case No. 4 案例四
Case about Xie's Application for a Protection Order of Personal Safety 谢某申请人身安全保护令案
(1) Basic Facts (一)基本案情
Applicant surnamed Xie (female) and respondent surnamed Lu have been married for over ten years. After they got married, Lu often beat and abused Xie. Xie had once sought help from the community and women's federation, and also called the police for multiple times, but Lu did not show discipline at all. The long-term suffering from domestic violence put Xie in extreme panic and she dared not go home. On May 25, 2016, Xie felt intolerable and filed an application for a personal safety protection order with the People's Court of Qingxiu District, Nanning City, Guangxi Zhuang Autonomous Region.
......
 申请人谢某(女)与被申请人陆某结婚十多年,婚后陆某经常殴打、辱骂谢某。谢某曾向社区、妇联寻求过救助,亦多次报警,但陆某丝毫没有收敛。长期遭受家庭暴力使谢某陷入极度恐慌,有家不敢回。2016年5月25日,谢某不堪忍受,向广西壮族自治区南宁市青秀区人民法院申请人身安全保护令。
......

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