Chongqing Higher People's Court issues a document outlining the establishment of a one-stop, restraining-order-application mechanism in Southwest China's Chongqing Municipality. [For Women of China] |
Chongqing Higher People's Court, Chongqing Municipal Public Security Bureau and Chongqing Women's Federation recently issued a document outlining the establishment of a one-stop, restraining-order-application mechanism in Southwest China's Chongqing Municipality.
Yang Guangming, head of the first civil division of Chongqing Higher People's Court, explained, to the end of 2020, courts, at all levels, in Chongqing handled 996 cases involving applications for restraining orders. Those courts issued a combined 786 restraining orders. Yang said the orders punished and effectively deterred perpetrators.
The restraining-order system, established by China's Law Against Domestic Violence, provides legal protection to victims of domestic violence, Yang added.
Domestic violence usually happens in a covert way, and, especially if the victims don't report the violence to police, it's difficult for courts to intervene timely in domestic violence cases. Chongqing Higher People's Court, Chongqing Municipal Public Security Bureau and Chongqing Women's Federation issued the document, to improve the efficiency in handling domestic violence cases.
The document highlights the importance of establishing a multi-department working mechanism for marriage and family dispute prevention and mediation, and for combating domestic violence.
The role of the one-stop, restraining-order-application mechanism in combating domestic violence should be strengthened. Legal rights of victims, especially women, minors and seniors, should be guaranteed.
The document stipulates people's courts, public security agencies and women's federations should regularly hold meetings focusing on anti-domestic violence work.
The document also stresses police stations and women's federations should help victims of domestic violence, or people at risk of becoming a domestic violence victim, apply to people's courts for restraining orders through the easy-filing platform of Chongqing's intelligent online court.
The document also clarifies the duties of people's courts, public security agencies and women's federations. People's courts should designate special judges' teams to handle cases involving restraining orders. The teams should issue the orders efficiently, and they should visit the victims regularly, to determine the effectiveness of the restraining orders.
When a public security agency discovers someone is suffering or at risk of suffering domestic violence, it should encourage the individual to apply for a restraining order, and then help the person, or his/ her agent, submit materials through the easy-filing platform.
Women's federations should keep channels open to receive complaints, whether in the form of letters, visits, phone calls and/or online comments. The federations should also send workers to help victims complete the necessary forms and apply for their restraining orders, through the easy-filing platform.
(Women of China English Monthly February 2021 issue)
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