More and more homes are cruel in last few years the phenomenon got social attention, in marriage, get the home is cruel it is a kind of very unfair action actually, is so average home cruel want to to what level ability be sentenced?
The home is cruel can be sued
The home is cruel belong to private prosecution case, the clue is serious, can press intended harm blame (serious and OK public prosecution) , mistreat a blame to wait undertake prosecution!
1, harm a blame intentionally: Harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control. Blame of the money before making, send a person to be weighed, be in what 10 years 3 years; of the following set term of imprisonment sends above to the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment.
2, mistreat a blame: Basis ” criminal law ” mistreat domestic member the 260th times, the clue is abominable, handle battle of 2 years of the following set term of imprisonments, arrest or control.
The home is cruel can sentence to what degree
” marriage law ” the 43rd the 3rd section provision, executive family force or mistreat domestic member, love kills a person to put forward a request, public security mechanism ought to regulation of punishment of management of according to public security gives administration is punished. Basis ” public security management punishs byelaw ” the 22nd regulation: Have following violate one of act of other person right, still insufficient criminal punishs, be in 15 days to detain below, 200 yuan fine below or warn:
(One) Europe lays another person, cause the; of slight harm
(2) the; that restricts other person freedom illegally to invade other house illegally perhaps
(3) barefaced affront other is concoctive perhaps the fact is calumniatory of other,
(4) mistreat domestic member, suffer the; that mistreats a person to ask to handle
(5) the; that writes threatening letter to perhaps use security of others of other method menace to perhaps disturb other to live normally
(6) threatening or the person performance horror that coax resents 18 years old, cruel program, destroy the; of health of body and mind
(7) hide, annul or privately leaves tear open other mail, telegraphic.
” criminal law ” the 234th regulation, of the flesh wound that send a person, can be in 3 years of the following set term of imprisonments, arrest battle or control; send a person to be weighed, be in what 10 years 3 years; of the following set term of imprisonment sends above to the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment.
Experience home is cruel how thought fors the time being
1, mediate an organization to people (federation of dweller committee, villager committee, woman) seek mediation.
2, to the person that violate place unit is complained, mirror or appeal.
3, violent shelter seeks homeward front courtyard to shelter and live temporarily help.
4, to law aid orgnaization seeks legal help.
5, report a case to the security authorities to public security mechanism, request police checks force applies for affection plot of force of appraisal; family is smaller, give critical education to perhaps be issued to person of do harm to by public security mechanism ” admonish book ” .
Sue a cruel need what evidence
1, when the husband carries out domestic force, should ask organization of dweller committee, villager committee, the Women’s Federation, shelter and place unit, organization in time to undertake checking, dissuade, mediation, the written material that corresponding orgnaization makes can be referred as evidence.
2, of public security mechanism piece alarm record, inquiry notes. Partial evidence is the significant evidence of force of executive family of cognizance party one party. Piece alarm the way that the record can prove to report a case to the security authorities, brief of a case, piece alarm the content such as result of time, processing.
3, witness testimony. The happening of domestic force, outside dividing bilateral party, its children and neighbour the strong evidence that issued testimony also is force of executive family of cognizance one party.
4, data of seeing and hearing. Data of seeing and hearing belongs to a kind of indirect evidence, its perhaps cannot prove the evidence of case fact directly alone. Besides need the court is examined outside checking, still need to be the same as other evidence mutual confirm, ability comprises an evidence catenary to be approved.
5, written evidence. Person of do harm to stems from ashamed before lawsuit regret, maintain the reason such as marital relation to just be issued to fall victim ” be repentant book ” , ” guarantee ” it is OK to wait refer to the court directly as written evidence.