The Supreme Court announced 10 judicial intervention in domestic violence cases of domestic violence means the spirit of new threats

The Supreme People's court today announced 10 cases involving domestic violence cases, 6 of them for civil cases, 4 cases for criminal case. The victims are women, the elderly and children, the threat of violence, mental violence, has become a new focus of family violence.

The girl Luo x v. Luomou custody dispute case, the court issued a personal protection order to stop child abuse case; a divorce dispute Zheng sues in court for the first time the threat of Ni, this kind of mental violence as a family violence; Deng intentional injury case, the defendant sentenced because of the long-term implementation of domestic violence the sons and daughters; Tang intentional homicide and Xue intentional homicide, is the defendant not endure long-term domestic violence and extreme.

The Supreme Court spokesman Sun Jungong said, the judicial intervention in domestic violence cases, fully reflects the people's court shall exercise judicial power, the perpetrator bear legal liability should be protected by law, so that the timely and effective.

Zheng and the Ni is a common life, the defendant has hit a white cloth wrapped basketball, top write "I want to kill, kill Zheng" words. In February 23, 2011, the dispute because of household chores, the defendant the plaintiff after beating causing slight injury. March 14, 2011, the plaintiff filed a divorce.

Court think, the defendant Ni a torture from the visual to the plaintiff, the plaintiff fear, the act constitutes a mental violence, caused the plaintiff suffered mental damage, the defendant should bear the liability, so the defendant should be the plaintiff compensation for mental injury solatium. Because of the existence of domestic violence should not directly bring up the children, and the son of two under two years of age with the woman's life is more conducive to their physical and mental health.

Accordingly, the court to order the defendant to the plaintiff Zheng and Ni a divorce; Zheng son by the plaintiff custody, alimony by the plaintiff; 10 days for Jeong mental injury solatium 5000 yuan Ni a defendant shall take effect on the date of judgment.

Xue in the intentional homicide, defendants Xue from Xue Moutai (the victim, died 54 years old) adoption. Since Xue a the age of 11, Xue Moutai has repeatedly to seduce a impose xue. In 2004, Xue was Xue Moutai rape lead to pregnancy, after induction of labor. In 2005, Xue a marriage with others. In late November 11, 2007, Xue Moutai drunk will Xue a call to the room, knife threat Xue, sex.

Xue Mou that agree, took the opportunity to use the rope will Xue Moutai hands, feet together, then leave the room. The next day, Xue a return to room, take a wrench head hit Xue Moutai means of death induced by craniocerebral injury, Xue Moutai.

Court think, the defendant Xue a deliberately illegal deprivation of life's behavior has constituted the crime of intentional homicide. The death caused by an armed strike, Xue victim Xue Moutai head and the consequences are serious, shall be punished according to law. In view of the fact that Xue Moutai use their identity in a foster father, Xue also young girl is long-term adultery and lead to Xue a pregnancy induced labor, causing huge damage to Xue's physical and mental health. In Xue and others after the marriage, Xue Moutai still knife forced to rape Xue, with major fault.

Procuratorate opinions put forward by Xue Xue, since childhood by Moutai long-term adultery, to fight and kill Xue Moutai, intentional murder if the circumstances are relatively minor, suggestions on Xue a probation. The local village and hundreds of people in a homicide is intolerable Xue implementation, the home has two young children and a stupid mother takes care of the grounds, a joint request for Xue a lighter punishment. The county women's Federation, to save the Xue family, reduce the social factors of disharmony, try a lighter punishment. He pleaded guilty to a better attitude after the incident, performance of repentance.

The court finally according to Xue a lighter punishment, to voluntary manslaughter and sentenced to 3 years in prison, 5 years probation. The newspaper Beijing on February 27th news

Source: Legal Daily -- Legal Network (Editor: Qin Jing)