Jilin Province anti-domestic violence regulations

(Adopted at the 22nd Meeting of the Standing Committee of the 13th People's Congress of Jilin Province on June 5, 2020)

Announcement of the Standing Committee of the 13th Provincial People's Congress

No.43

The Regulations of Jilin Province on Anti-Domestic Violence, adopted at the 22nd meeting of the Standing Committee of the 13th People's Congress of Jilin Province on June 5, 2020, are hereby promulgated and shall come into force as of August 1, 2020.

Standing Committee of Jilin Provincial People's Congress

June 5th, 2020

One chapter general rules

Article 1 In order to carry forward and practice the core socialist values, prevent and stop domestic violence, protect the legitimate rights and interests of family members, maintain equal, harmonious and civilized family relations, and promote family harmony and social stability, these Regulations are formulated in accordance with the Anti-Domestic Violence Law of the People's Republic of China and other relevant laws and regulations, and in light of the actual conditions of this province.

Article 2 These Regulations shall apply to the prevention and treatment of domestic violence and related work within the administrative areas of this province.

Article 3 The term "domestic violence" as mentioned in these Regulations refers to the physical, mental and other acts of aggression committed between family members by beating, binding, mutilating or restricting personal freedom, as well as regular abuse, intimidation, insult, slander, promotion of privacy, threats, harassment, indifference or other means.

Article 4 The anti-domestic violence work shall adhere to the leadership of the Party, follow the principles of giving priority to prevention, comprehensive treatment, and combining education, correction and punishment.

Anti-domestic violence shall respect the true will of the victim, protect the privacy of the parties in accordance with the law, and shall not disclose the information of domestic violence informants, informants, complainants, reflectors and help seekers.

Special protection shall be given to minors, the elderly, the disabled, the seriously ill and women during pregnancy, breastfeeding or within six months of termination of pregnancy who suffer domestic violence.

Article 5 The State prohibits any form of domestic violence. Combating domestic violence is the common responsibility of the whole society.

Article 6 People's governments at all levels shall incorporate anti-domestic violence work into the social governance system, strengthen leadership, and encourage and support social organizations to carry out relevant services.

The people's governments at or above the county level shall incorporate the funds required for anti-domestic violence work into their fiscal budgets at the corresponding levels; Township people's governments and sub-district offices shall specify the personnel responsible for anti-domestic violence work and arrange necessary work funds.

Article 7 The organs responsible for women and children's work of the people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant units to do a good job in combating domestic violence. Specific responsibilities are:

(1) To organize the implementation of anti-domestic violence laws and regulations, establish a joint conference system, and promote anti-domestic violence work;

(2) Establish and improve the domestic violence risk assessment mechanism;

(3) To guide and urge relevant units to carry out anti-domestic violence publicity and training;

(4) commend units and individuals that have made outstanding achievements in anti-domestic violence work in accordance with relevant regulations;

(5) Other work that should be carried out according to law.

Article 8 Residents' (village) committees shall guide residents and villagers to stipulate anti-domestic violence content in residents' conventions and village rules and conventions.

Residents' (village) people's committees shall investigate hidden dangers of domestic violence in accordance with the law, provide assistance and education to parties with hidden dangers of domestic violence, and do a good job in registration and mediation. To assist relevant units in handling domestic violence.

The relevant departments of the people's governments at or above the county level, judicial organs, people's organizations, enterprises, institutions and social organizations shall, according to law, do a good job in combating domestic violence within their respective duties.

Article 9 Relevant departments of the people's governments at or above the county level, judicial organs and women's federations shall include the prevention and suppression of domestic violence in business statistics, carry out statistics, analysis and evaluation of relevant data, and guide the anti-domestic violence work.

Chapter II Prevention of domestic violence

Article 10 The whole society shall attach importance to the construction of the family, pay attention to the family, family education, family traditions, and promote the family virtues of respecting the old and loving the young, helping each other, caring for each other, tolerating each other and living in harmony.

People's governments, people's organizations, residents' (village) committees, enterprises, institutions and social organizations at all levels shall, within the scope of their respective duties, organize publicity and education on family virtues, gender equality and anti-domestic violence.

Radio, television, newspapers and networks shall carry out propaganda on family virtues, gender equality and anti-domestic violence, exercise supervision by public opinion in accordance with the law, and promote the formation of a good social atmosphere against domestic violence.

Schools and kindergartens shall carry out family virtue, anti-domestic violence education and home-school co-construction activities, improve minors' self-protection awareness and ability, guide minors' guardians to perform their guardianship duties and rearing obligations according to law, and adopt civilized and scientific ways to conduct family education.

Encourage marriage registration offices to carry out publicity and education on the prevention of domestic violence.

Article 11 People's governments at all levels shall, through policy guidance and the purchase of services, encourage and support social organizations to provide services such as mental health consultation, family relations guidance, family education guidance, marriage and family dispute mediation, and knowledge education on the prevention and suppression of domestic violence.

Article 12 The relevant departments, judicial organs and people's organizations of the people's governments at all levels shall carry out training on the knowledge of anti-domestic violence, so as to improve the awareness and ability of performing the work duties of preventing and suppressing domestic violence.

Residents' (village) people's committees, enterprises, institutions and social organizations shall assist in carrying out anti-domestic violence knowledge training.

Article 13 People's mediation organizations, women's federations, public security organs, residents' (village) committees, etc., shall promptly channel and resolve family disputes to prevent and reduce the occurrence of domestic violence.

Article 14 The employing unit shall, in accordance with the law, do a good job in the mediation and resolution of family contradictions of its personnel.

Article 15 Guardians shall perform their duties of guardianship according to law and shall not commit domestic violence.

The third chapter is the disposition of domestic violence

Article 16 Units that receive domestic violence reports, reports, complaints, responses, and help are inquiring units.

The unit shall accept the case, make detailed records, properly keep evidence, and handle domestic violence according to law.

If the asking unit has no right to handle, it shall inform the way of relief or transfer it according to law, and no unit shall prevarication or refuse.

Article 17 All units and individuals have the right to discourage ongoing acts of domestic violence.

Victims of domestic violence and their legal representatives and close relatives may report to a public security organ or bring a suit in a people's court.

Article 18 Schools, kindergartens, medical institutions, residents' (village) committees, social work service agencies, rescue management agencies, welfare institutions and their staff in the course of work found that people without civil capacity, limited capacity for civil conduct suffered or suspected to have suffered domestic violence, shall promptly report to the public security organ.

Article 19 Public security organs shall establish and improve the mechanism for handling domestic violence cases, and incorporate domestic violence police information into the police receiving and handling platform.

After receiving a domestic violence report, the public security organ shall immediately go to the police to deal with it according to law and do the following work:

(1) To stop domestic violence, maintain order at the scene, and assist the victim to seek medical treatment in a timely manner;

(2) The victim shall be informed of his rights to apply to the relevant departments for warning letters, personal safety protection orders and other rights enjoyed by law;

(3) If a person with no capacity for civil conduct or limited capacity for civil conduct is seriously injured, faces a threat to personal safety or is in a dangerous state of neglect due to domestic violence, the public security organ shall notify and assist the civil affairs department to relocate him or her to a temporary shelter, a rescue management institution or a welfare institution;

(4) Timely interrogation of parties and witnesses at the scene, collecting and fixing evidence, and assisting victims in the identification of injuries.

Article 20 Where the circumstances of domestic violence are relatively minor and no punishment for public security administration is given according to law, the public security organ shall criticize and educate the perpetrator or issue a warning letter. Under any of the following circumstances, the public security organ shall issue a warning letter within three days from the date of receiving the report or on the spot:

(1) the victim requests a warning letter;

(2) committing domestic violence against minors, the elderly, the disabled, seriously ill patients and women during pregnancy, breastfeeding or within six months of terminating pregnancy;

(3) There is evidence to prove that domestic violence has been committed within six months;

Public security organs shall keep warning letters and relevant file information and provide them to relevant departments in accordance with law.

Article 21 The public security organ shall, together with the residents' (village) people's Committee, deliver the warning to the parties concerned and read it out on the spot; If the party refuses to accept, it shall be recorded by the police handling the case.

If the same perpetrator commits domestic violence again within six months, the public security organ shall copy the warning to the perpetrator unit.

Article 22 Residents' (village) people's committees and public security organs shall promptly visit the perpetrators and victims who have received the warning letter, and supervise the perpetrators to refrain from committing domestic violence.

Article 23 The unit to which the party belongs shall, when necessary, contact the victim for assistance in a timely manner.

If the employing unit knows that the perpetrator has domestic violence, it shall give criticism and education, order correction, and make good records.

Article 24 Where a people's mediation organization voluntarily reaches a mediation agreement, it may make a mediation agreement and make investigation records, mediation notes and archives.

Article 25 The civil affairs department of the people's government at or above the county level shall set up temporary shelters to provide temporary shelter and emergency assistance for victims of domestic violence.

Social organizations and citizens are encouraged to provide various forms of assistance to victims of domestic violence.

Article 26 Legal aid institutions shall provide legal aid to victims of domestic violence according to law.

The people's court shall, according to law, suspend, reduce or waive litigation costs for victims of domestic violence.

Legal service institutions are encouraged to reduce or waive legal service fees.

Article 27 The victim shall have the right to apply for an appraisal of injuries, and the appraisal institutions at all levels shall be encouraged to reduce or waive the appraisal fees.

Article 28 When victims of domestic violence and their agents collect domestic violence certification materials according to law, the relevant units, organizations and individuals with knowledge of the situation shall provide them truthfully.

When medical institutions accept victims of domestic violence, they shall make records of diagnosis and treatment and keep them properly. When relevant departments investigate and collect evidence according to law, medical institutions shall truthfully issue certificates of diagnosis and treatment.

Article 29 Trade unions, Communist Youth Leagues, women's federations, disabled persons' federations, residents' (village) committees, etc., shall provide legal education to perpetrators of domestic violence, and may, when necessary, provide psychological counseling to perpetrators and victims.

Chapter IV Assistance in the execution of personal Safety protection orders

Article 30 After a people's court makes an order for personal safety protection, it shall serve it on the applicant, the respondent, the public security organ, the residents' (village) committee and other relevant organizations. Personal safety protection orders shall be executed by the people's court, and public security organs and residents' (village) committees shall assist in the execution.

Public security organs, residents' (village) committees and other relevant organizations shall supervise the respondent's compliance with the personal safety protection order, and report the implementation to the people's court that made the personal safety protection order.

Article 31 Where the respondent violates the personal safety protection order, the public security organ shall, after receiving the case, promptly dispatch the police to deal with it, ascertain the facts, collect and fix evidence, criticize and educate, and notify the people's court that made the personal safety protection order.

Article 32 Where the perpetrator violates the personal safety protection order, the relevant unit shall record the relevant information of the perpetrator in the personal credit file according to law.

Chapter V Supplementary Provisions

Article 33 Acts of violence committed between persons living together other than family members who have guardianship, foster care, foster care, cohabitation, etc., shall be implemented with reference to these Regulations.

Article 34 These Regulations shall come into force as of August 1, 2020. The Regulations of Jilin Province on the Prevention and Suppression of Domestic Violence adopted at the 32nd meeting of the Standing Committee of the 10th People's Congress of Jilin Province on January 12, 2007 shall be repealed simultaneously.