After returning home, Li Chao couldn't sleep when he thought about what happened tonight. Unexpectedly, the domestic violence incident was around her, and after suffering such a severe and cruel domestic violence, Yao Lianhua never sought help from the judiciary or government agencies, and the final channel for assistance turned out to be Li Chao's public interest legal service platform.

The issue of domestic violence left a deep impression on Li Chao's mind for the first time today, and he felt that it was necessary to continue to study and pay attention to this issue, how to punish the perpetrators and protect the personal and property rights of the victims, which is a very real problem. 、

With questions, Li Chao clicked on the public interest legal service platform to see what netizens said about the Yao Lianhua incident, so as to grasp the direction of the public's concern about domestic violence.

On the platform, there are many comments under Yao Lianhua's letter for help, and many people have written articles to comment on this matter or provide reference for Yao Lianhua.

Some of the articles in the evaluation accuse Ye Tianlong of violence, some accuse Yao Lianhua of being insensitive, and reflect on the society's system and methods of domestic violence assistance. After reading these articles, Li Chao's thinking was greatly opened and deeply inspired.

Among the comments criticizing Yao Lianhua, there is one that is quite eye-catching.

"Domestic violence refers to acts that occur between family members and cause physical, mental, or sexual harm or destruction to family members by beating, binding, confining, mutilating, or other means. Domestic violence acts directly on the victim's body, causing physical or mental distress to the victim and harming his or her physical health and human dignity.

"Domestic violence occurs between family members who are related by blood, marriage or adoption, such as husband to wife, parent to child, adult child to parent, etc., women and children are the main victims of domestic violence, and some middle-aged and elderly people, men and people with disabilities can also become victims of domestic violence. Domestic violence can cause death, serious injury, minor injury, physical pain, or mental anguish. ”

"The characteristics of domestic violence: First, it is universal and severe. The second is recurrent seizures. Third, there are various forms: physical injury (accounting for 21%~34%), sexual assault (accounting for 34%~59%), mental and emotional torture (such as the threat of injury, intimidation and threat, making them extremely jealous). deprivation of possession, physical or social isolation, isolation, etc.). For victims, multiple forms of violence often co-occur and recur, increasing in intensity. Physical assault by the abuser against the victim can be expressed as: assault or blow with a weapon, beating, punching or object, punching, smashing, kicking. Burning, slapping, and threatening with weapons (knives, guns), etc., appear together, and they occur repeatedly, becoming more and more serious.

Fourth, the violence is hidden. Violence occurs in insidious and difficult to guard against. Victims are exposed to dangerous situations for longer periods of time, violence often goes unnoticed, and victims are often defenseless when violence occurs.

Fifth, repeated injuries. Examination of the victim reveals injuries at different stages of recovery. Clinical injury characteristics of the victim Typical injuries include: contusion and abrasion. Small lacerations are mainly concentrated in the head, face, neck, and trunk, and breast, chest, and abdominal injuries are more common than other causes and types of injuries. ”

"Against domestic violence. It requires the participation of the whole society, but under the influence of the traditional concept of China, some people may think that domestic violence is a matter of the family and a kind of privacy. Do not publicize it. There are several misunderstandings about domestic violence among the people of Chinese society:

Myth 1: There is no phenomenon of domestic violence, and even if there is, it is very rare.

Myth 2: Domestic violence is a private matter. Of the 4,128 respondents, 57.51% believed that domestic violence was a family matter.

Myth 3: Domestic violence is physical harm, not psychological, economic, or sexual violence.

Myth 4: There is no domestic violence in families with high literacy, and 62.7% of the 4,128 respondents have a college degree or above. ”

Yao Lianhua has been in domestic violence for a long time, but she doesn't know what domestic violence is, she doesn't know how to call the police, and she doesn't have the will and courage to escape, on the contrary, she does everything possible to keep her fearful man, and tries every means to maintain that terrible marriage, and thinks it's love.

"And the people around her don't know anything about domestic violence, on the contrary, whether it is relatives or friends, they all use forbearing, feudal, and backward marriage concepts to comfort her, which is completely a tragedy."

"Yao Lianhua's own and family's indulgence can only make Ye Tianlong even more intensified, and he ruthlessly destroys Yao Lianhua."

"Yao Lianhua herself must realize Ye Tianlong's hatefulness, bravely ask for help, escape Ye Tianlong's control, and truly live the happy life she wants to live."

"In the current situation, the best way is to pursue Ye Tianlong's criminal responsibility and file a divorce lawsuit at the same time. With Ye Tianlong's domestic violence and infidelity, the court should support the divorce application, and the joint property of the husband and wife should be divided more Yao Lianhua, Ye Tianlong should be divided less or even nothing, and the four children should also be raised by Yao Lianhua. ”

"After the divorce, Yao Lianhua can completely say goodbye to the past and live a happy and peaceful normal life!"

This review article is detailed in content and concrete and feasible in its measures, which should have been put forward by legal professionals and coincided with Li Chao's thinking.

Li Chao suddenly felt the same as the hero, and immediately swiped the message: "Yao Lianhua has lived under Ye Tianlong's obscenity for more than ten years, and it is difficult to get rid of Ye Tianlong's control for a while, but we will try our best to help her stay away from Ye Tianlong, as you said, divorce is the best way to stay away from Ye Tianlong." ”

After leaving a word, I flipped through the article again, and only then did I find that the author's signature turned out to be Duanjun at the end of the article.

Seeing the author's name, Li Chao's eyes suddenly lit up, could it be that this person is Li Dujun? Has he also started to pay attention to the legal pro bono platform? If it is really him, it is a great thing, because it shows that Li Weijun also tried to understand Li Chao, and tried to investigate whether Li Chao had the rationality and feasibility of pursuing fairness and justice.

Li Chao hurriedly entered Li Dujun's mobile phone number for verification, and found that the wei signal bound to Li Dujun's mobile phone number was really this account called "Duanjun".

Li Chao immediately sent a message to Li Dujun, "Duanjun, you have read my Superman Lawyer Gang and published a thorough macro compilation masterpiece, how do you feel the strong desire of citizens to pursue the rule of law?" Now, do you believe that I have the power to unite citizens to advance the rule of law? “

Li Dujun responded with an evil smile, and the message read, "Hehe. Isn't it just that you have set up an official account, there are free legal consulting services to provide, of course, there are many people who ask for help, but this does not mean that the people will support you at all, let alone show that you have the ability to unite the power of citizens to pursue the rule of law, you are still too optimistic! ”

Facing Li Duanjun's blow, Li Chao smiled slightly, and then sent a message: "You are just blindly denying it, and I am propagating and accumulating money step by step to promote the awareness of the rule of law to democracy." Accumulate the desire and strength of citizens to pursue the rule of law. ”

"Li Dujun, join the Superman Lawyer Gang, seek the greatest support for the pursuit of fairness and justice, and make your due dedication to the rule of law together!"

Facing Li Chao's sincere invitation, Li Dujun replied lightly: "Hehe, I'm busy, busy helping the girls warm their beds, I'm not free!" ”

Li Chao invited again, but Li Dujun did not respond. Never mind. I can't eat hot tofu in a hurry, judging from the situation that Li Dujun took the initiative to make suggestions on the platform and reply to the parties, Li Duanjun's attitude should have slowly loosened. Li Chao has a strong self-confidence in his heart. Sooner or later, Li Dujun will recognize the lawyer gang as a pro bono legal service platform!

Suppressing the expectation of Li Dujun's change in his heart, Li Chao continued to flip through those articles. Soon, Li Chao found that there was also an article analyzing Ye Tianlong's motives for domestic violence and predicting how the relationship between the two would evolve, which also caused a lot of repercussions on the platform. A lot of people like and support.

Li Chao hurriedly clicked on it and looked at it carefully.

"Ye Tianlong has been beating Yao Lianhua for a long time, and it is clear that this is an act of domestic violence. It should provoke social intervention and provide rescue to Yao Lianhua. ”

"Regardless of the perpetrator's behavior, the purpose of committing domestic violence is to achieve the goal of prosecution."

"Domestic violence is the act of one party using violent means to harm the other party for the purpose of controlling it, so that the other party is forced to obey. In short, if I want you to go, you have to go; If you don't want to go, you can't go; Whatever I want you to do, you have to do. And you can't say half a 'no', otherwise you're going to be violent. ”

"Therefore, the purpose of violence is to accuse the victim by not wanting to break up, and the purpose of the abuser is not willing to leave, and the purpose of the abuser is to force the victim to leave."

"At the beginning of this case, Ye Tianlong prevented Yao Lianhua from divorcing, so he was violently beaten and forced him to dare not leave. Now that Ye Tianlong has made a fortune, there are women outside, and he wants to drive Yao Lianhua away, so he violently drives Yao Lianhua out of the house, it is obvious that this one after the other, although one is to keep and the other is to drive away, but the essence is to control zhì! ”

"Every time the abuser beats the victim, he may find various forms of reasons, such as dressing ostentatiously, going to KTV, and not honoring his parents, but the essence is to control the victim."

"Domestic violence itself has a cycle, which is generally divided into three stages: the first stage is the period of violent tension. At this stage, the relationship between the two people becomes more and more strained, and the abuser will lose his temper, smash things, and push the victim over a trivial matter. If the victim is able to meet the perpetrator's demands in full, the violence may be postponed temporarily, but it will not ultimately prevent the violence. “

"Domestic violence has its own laws of development, after which it will inevitably enter the second stage, that is, the outbreak of violence. At this stage, the severity of violence increases, and beatings and physical violence (kicking, pushing, attacking with objects, burning), sexual assault, intimidation, and threats to life are more common at this stage. ”

"At this time, the abused party who has been beaten will have some resistance, not necessarily physically, and may appear to be running away from home, returning to his parents' home, or asking for a divorce, etc., so the domestic violence will then develop into the third stage, that is, the honeymoon phase."

At this stage, the abuser may admit his mistake, accompanied by behaviors such as buying gifts and apologizing, at this time, the relationship between the abuser and the victim will be relaxed, and even the expression will be sweeter. However, this phase will not last long and will soon re-enter the tense period. ”

"We generally define a woman who has been in a violent relationship for two cycles and fantasizes that her husband can change and stop beating her as a violent woman."

"In this case, it is clear that Yao Lianhua has repeatedly gone through multiple cycles of domestic violence, and she is a battered woman."

"Under the shadow of long-term violence, there are three most common patterns of behavior of victims of violence: the first is to endure all kinds of violence for a long time and do not resist; the second is that they can't bear the hurt and choose to commit suicide; The third is for oneself and family members to be protected from domestic violence. Rise up and fight violence to kill the perpetrators. ”

"Judging from this case, Yao Lianhua has mustered up the courage to try to resist, in this case, I specially remind Superman Lawyer that he must pay attention to keeping Yao Lianhua away from Ye Tianlong, otherwise once Yao Lianhua resists by countering violence with violence, he will definitely kill Ye Tianlong! In order to avoid a tragedy, Yao Lianhua must leave Ye Tianlong! “

The article is quite technical and provides a clear explanation of the nature, purpose, specific cycle and consequences of domestic violence. After a lot of people watched it. They all left messages saying that they were taught!

Li Chao was also shocked when he saw it, this person is definitely an expert in the study of domestic violence, otherwise it would be impossible to speak so profoundly and professionally.

Looking through her personal profile, she found that Liu Yan, director of the Gender Violence Research Center of the Chinese Women's Federation, was clearly indicated.

No wonder so well versed in domestic violence, it turned out to be a professional researcher. Li Chao immediately contacted her and left a message on her Wei Xin account, "Thank you, Director Liu!" I have benefited greatly from your detailed explanation of domestic violence. After reading the three most common patterns of behavior of victims of long-term domestic violence, I was greatly inspired to severely punish the abuser, Ye Tianlong. Otherwise, if Yao Lianhua is allowed to live in its shadow, it will easily lead to human tragedy. “

"Report to you, Director Liu, we have helped Yao Lianhua report the case to the public security organs, and the public security bureau has now filed a case for investigation. Ye Tianlong will be prosecuted for the crime of intentional injury in accordance with the law. In addition, we will also help Yao Lianhua file a divorce lawsuit soon, so that she can stay away from Ye Tianlong completely. “

Over there, Liu Yan quickly replied to the message, "Superman lawyer." I'm glad to hear the good news. For Ye Tianlong, his behavior is extremely bad, and he has a strong social danger. Investigate their criminal responsibility, that is a clear reason! “

For Yao Lianhua, it was also a relief. Yao Lianhua was devastated, if she could leave Ye Tianlong smoothly, it would be a kind of happiness and she would be able to avoid a tragedy in her life! “

"Superman lawyer, remember not to let Yao Lianhua contact Ye Tianlong again, Yao Lianhua has now reached the limit of tolerance, if he resists, he will probably kill Ye Tianlong in anger!"

At the end of the message, Liu Yan once again warned Li Chao not to let Yao Lianhua get along with Ye Tianlong again, on the grounds that he was worried that Yao Lianhua would kill Ye Tianlong with violence.

For this point, to be honest, Li Chao is still skeptical, since Yao Lianhua is obedient and suffers from Stockholm syndrome, how can she have the courage to kill Ye Tianlong?

However, out of politeness, Li Chao still replied "yes" and agreed. After that, Li Chao and Liu Yan used Weixin to have an in-depth exchange on the issue of domestic violence.

After the exchange, Li Chao fell into deep contemplation, and there was a question circling in his heart: how can we better protect the victims of domestic violence?

The awareness of domestic violence in society as a whole is insufficient, and the channels for relief for victims of domestic violence are not smooth, and it is generally difficult for victims of domestic violence to get out of domestic violence. In particular, the law does not have a clear corresponding provision for domestic violence, and there is no clear criminal law provision to punish it.

The punishment of domestic violence crimes can only rely on decomposing the nature and consequences of domestic violence, and applying other provisions to punish them, and there is no specific legal provision.

The punishment of domestic violence can only start with the crimes of violent interference with the freedom of marriage, abuse, intentional injury, intentional homicide, insult and other crimes in the criminal law.

Among them, where the perpetrator of domestic violence often physically or mentally destroys or tortures family members living together by means such as beating and scolding, binding, starving, forcing superphysical labor, restricting freedom, etc., and the circumstances are heinous, it constitutes the "crime of abuse" and shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term detention or controlled release; If serious injury or death is caused to the victim, a sentence of between 2 and 7 years imprisonment is to be given.

Where the perpetrator of domestic violence uses violence to openly belittle the personality of other family members and undermine their reputation, and the circumstances are severe, it constitutes the crime of insult and shall be sentenced to fixed-term imprisonment of not more than 3 years, controlled release, or deprivation of political rights.

If the perpetrator of domestic violence intentionally and unlawfully harms the physical health of another person, it constitutes the crime of intentional injury, and if he causes serious injury to a person, causing serious disability or causing death, the maximum sentence under the Criminal Law is the death penalty.

According to laws and regulations, if a perpetrator of domestic violence violently interferes with the freedom of marriage and divorce of family members, he also violates the criminal law and constitutes the crime of violent interference with the freedom of marriage.

In the case of domestic violence, we can only compare these provisions as much as possible based on the facts, and try to apply a clause that is more in line with the facts. This can easily cause controversy. Allowing the perpetrator to refute or even go unpunished is very detrimental to the protection of the victim.

Li Chao is thinking about whether he can formulate corresponding systems or laws at the legal level to better protect the rights and interests of victims of domestic violence.

Li Chao's eyes suddenly lit up, and he woke up from his contemplation, he seemed to have grasped something in an instant, and then wrote down it with great effort.

Three days later, the public opinion congress will be held, and I don't have any ideas in my head, but I always feel that the cases of same-sex assault and sexual welfare that have been widely discussed before have already been hyped up by the media, and the relevant bills have been raised again. There is no novelty or shock.

But when I encountered the case of Yao Lianhua suffering domestic violence, I felt that this was a good material for the bill. If a proposal on handling domestic violence cases can be put forward with a clear case, it will definitely attract people's attention and cause a great shock.

Thinking of this, Li Chao became even more enthusiastic, and he must learn more about domestic violence, and put forward ways to improve the punishment of domestic violence. This motion will definitely be challenging and professional.

The night is like ink, the lights are gradually extinguished, but Li Chao is still working hard to write. Energetically prepare new proposals.

The next day, Li Chao was not affected by last night's night battle, and still went to work in good spirits.

After dealing with some of the cases at hand, Li Chao and Shanruo drove together to visit Yao Lianhua in the hospital.

The divorce complaint has been drafted for Yao Lianhua. Li Chao came over this time mainly to help him handle the relevant prosecution materials for divorce.

As soon as he walked to the gate of the hospital, he unexpectedly ran into Long Aoshi again, still seeing him carrying a bag of medicines in a large bag.

Li Chao stepped forward with a smile and greeted, "Mr. Long." What a coincidence, you came to the hospital too! During yesterday's election, thank you and the employees of Zhiyuan Foreign Trade Company for your support! ”

Long Aoshi saw that it was Li Chao. Shook his head with a smile, and said modestly: "Superman lawyer, you are expected by everyone, we should support you, congratulations on your election as a representative of the people's will!" ”

Li Chaolang said with gratitude in his eyes, and said with a smile: "Mr. Long just doesn't take credit at all, don't say much about thanks, anyway, I am your company's legal counsel, if you encounter any legal problems, please contact me at any time, I am very willing to serve." “

"By the way, every time I meet Mr. Long in the hospital, I always see you carrying a bag of medicines, and there is nothing wrong with your body, right?"

Long Aoshi smiled heartily, with an atmosphere between his eyebrows and eyes, and said freely: "Old problem, I suffer from chronic myelogenous leukemia, and I need to take anti-cancer drugs for a long time to control my condition." Therefore, from time to time, I will come to the hospital to get my medicine. “

Li Chao listened, his eyebrows furrowed slightly, and he said with concern: "Mr. Long, you have to take care of your body." “

Long Aoshi kept a smile and said optimistically: "It's not a big deal, it's good that my disease has drug control, the only trouble is that the regular anti-cancer drug 'Gleevec' series for the symptomatic treatment of leukemia in China is imported from Switzerland, and each box costs 23,500 yuan." Luckily, I've made some money over the years, or I can't afford it. However, patients suffering from the same disease in China who do not have the financial strength will have a hard life! ”

Long Ao's tone was filled with a sense of compassion and compassion, which moved Li Chaoda. The two talked to each other a little more before leaving.

Li Chao said goodbye to Long Aoshi and walked towards the ward. When I walked into the hallway outside the door of the ward. I saw two policemen coming out of the ward where Yao Lianhua was. Their faces were gloomy and they didn't seem to be in high spirits.

The two policemen should have come to investigate the situation from Yao Lianhua, and Li Chao immediately greeted him and said, "Hello two police officers!" ”

The two police officers were about to leave sullenly, but Li Chao stopped them and looked at him in surprise.

Li Chao introduced himself: "Officer, I am Yao Lianhua's lawyer, and I also ask the police officers to take a lot of pain, work hard to investigate the facts of Ye Tianlong's crime, and bring him to justice!" ”

After listening to Li Chao's words, the two police officers glanced at each other with a wry smile, and one of the policemen sighed and said to Li Chao: "Hey, lawyer Li, don't laugh, Yao Lianhua herself doesn't cooperate with the investigation, how can you let our public security find out the facts of the crime?" (To be continued......) R1292