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Ten Model Cases Involving Domestic Violence Published by the Supreme People's Court
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最高人民法院公布十起涉家庭暴力典型案例
[现行有效]
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【法宝引证码】
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Ten Model Cases Involving Domestic Violence Published by the Supreme People's Court | | 最高人民法院公布十起涉家庭暴力典型案例 |
| (February 28, 2014) | | （2014年2月28日） |
| Case 1 | | 案例1 |
| Luo v. Luo for Child Custody Dispute | | 女童罗某某诉罗某抚养权纠纷案 |
| - A ruling to grant personal safety protection against child abuse | | --人身安全保护裁定制止儿童虐待 |
| 1. Basic Facts | | （一）基本案情 |
| In 2007, plaintiff Yu and defendant Luo divorced, and their legitimate daughter Luo (born on December 26, 2001) was since in the custody of defendant Luo. On December 28, 2011, plaintiff Yu brought an action in the court, alleging that defendant Luo worked longtime away from home, their daughter Luo was frequently beaten and abused when living together with her grandmother and elder uncle, and because Luo and her divorced elder uncle lived in the same room, she might suffer sexual assault at any time. Plaintiff Yu submitted to the court evidence including an identification report on injuries to her daughter and a letter of her daughter to request living with her mother. Plaintiff Yu requested the court to order that her daughter Luo be in the custody of the plaintiff. During litigation, the plaintiff's daughter Luo filed a motion for personal safety protection with the court. | | 2007年，原告余某某与被告罗某离婚，婚生女孩罗某某（2001年12月26日出生）由被告罗某抚养。2011年12月28日，原告向法院诉称，被告长期在外打工，女儿罗某某与祖母和大伯共同生活期间，罗某某经常遭受殴打和辱骂，且罗某某与离异的大伯同住一室，随时可能遭受性侵犯。原告向法院提供了女儿的伤情鉴定书及其要求与母亲共同生活的书信等证据，并请求法院判令变更女儿罗某某由原告抚养。诉讼过程中，罗某某向法院申请人身安全保护。 |
| 2. Adjudication | | （二）裁判结果 |
| After a hearing, the court held that their daughter Luo was beaten for no reason multiple times when living with Yu Jin (middle name withheld) and Luo Heng (middle name withheld) as evidenced by a forensic medical identification report on degree of human bodily injuries. The motion of their daughter Luo conformed to the provisions of law. Therefore, the court made a ruling according to the law to prohibit Yu Jin and Luo Heng from beating, threatening, abusing, harassing, and following their daughter Luo, effective for six months. Afterwards, both parties changed the custody of their daughter upon mediation by the court. This case was closed within one week, and the minor Luo was freed from domestic violence in the shortest time. | | 法院经审理认为，申请人罗某某在与被申请人余某金、罗某衡共同生活期间多次无故遭受殴打，且有法医学人体损伤程度鉴定书为证。申请人罗某某的申请符合法律规定。据此，依法裁定禁止被申请人余某金、罗某衡殴打、威胁、辱骂、骚扰、跟踪申请人罗某某，裁定有效期为六个月。之后，经法院调解，双方变更了抚养权，此案在一周内结案，未成年人罗某某在最短的时间摆脱了家庭暴力。 |
| Case 2 | | 案例2 |
| Zheng Li (Middle Name Withheld) v. Ni Bin (Middle Name Withheld) for Divorce Dispute | | 郑某丽诉倪某斌离婚纠纷案 |
| - Judicial recognition of threat as a means of domestic violence | | --威胁作为一种家庭暴力手段的司法认定 |
| 1. Basic Facts | | （一）基本案情 |
| Plaintiff Zheng Li and defendant Ni Bin registered their marriage on February 11, 2009, and their son Ni was born on May 7, 2010. When plaintiff and defendant lived together, defendant often beat a basketball wrapped in a piece of white cloth, on which it was written: “I will beat Zheng Li to death, to death.” On February 23, 2011, plaintiff and defendant bickered over household trivia, and plaintiff suffered slight bodily injury for beating-up by defendant. On March 14, 2011, plaintiff filed a divorce lawsuit with the court, requesting the court to order according to the law that plaintiff and defendant be divorced; that their legitimate son Ni be in the custody of plaintiff, with child support being borne solely by plaintiff; that the community property of plaintiff and defendant be divided according to the law; and that defendant compensate plaintiff for the infliction of mental distress in the amount of 30,000 yuan. | | 原告郑某丽与被告倪某斌于2009年2月11日登记结婚，2010年5月7日生育儿子倪某某。在原、被告共同生活期间，被告经常击打一个用白布包裹的篮球，上面写着“我要打死、打死郑某丽”的字句。2011年2月23日，原、被告因家庭琐事发生争执，后被告将原告殴打致轻微伤。2011年3月14日，原告向法院提起离婚诉讼，请求法院依法判令准予原、被告离婚；婚生男孩倪某某由原告抚养，抚养费由原告自行承担；原、被告夫妻共同财产依法分割；被告赔偿原告精神损失费人民币30000元。 |
| 2. Adjudication | | （二）裁判结果 |
| After a hearing, the court held that plaintiff Zheng Li and defendant Ni Bin lacked understanding of each other before marriage and married in haste. After they married, defendant hung a basketball wrapped in a piece of white cloth in the balcony of their home, and there were offensive and threatening words on the white cloth to plaintiff. Defendant often hit the basketball, which visually tortured plaintiff and made her fear of defendant. Defendant's act constituted mental violence. When they were in dispute, defendant committed physical violence to plaintiff, resulting in slight injuries to the latter and finally causing the irremediable breakdown of their marital relationship. It was inappropriate for defendant to have direct custody of a child for his domestic violence. Their legitimate son Ni was under two years old, and it was better for the physical and mental well-being of the boy to live with his mother. Defendant committed domestic violence to plaintiff, and made plaintiff suffer mental distress. Therefore, defendant should assume the fault liability, and pay plaintiff damages for the infliction of metal distress according to the actual circumstances. In view of the above, the court entered a judgment according to the law that the divorce of plaintiff Zheng Li and defendant Ni Bin should be granted; that their legitimated son Ni should be in the custody of plaintiff Zheng Li, with child support being borne solely by plaintiff; and that defendant Ni Bin should pay plaintiff Zheng Li damages for the infliction of mental distress in the amount of 5,000 yuan. This judgment has come into force. | | 法院经审理认为，原告郑某丽与被告倪某斌婚前缺乏了解，草率结婚。婚后被告将一个裹着白布的篮球挂在家中的阳台上，且在白布上写着对原告具有攻击性和威胁性的字句，还经常击打篮球，从视觉上折磨原告，使原告产生恐惧感，该行为构成精神暴力。在夫妻发生矛盾时，被告对原告实施身体暴力致其轻微伤，最终导致了原、被告夫妻感情的完全破裂。因被告存在家庭暴力行为不宜直接抚养子女，且婚生男孩倪某某未满两周岁随母亲生活更有利于其身心健康。被告对原告实施家庭暴力使原告遭受精神损害，被告应承担过错责任，故被告应酌情赔偿原告精神损害抚慰金。据此，依法判决准予原告郑某丽与被告倪某斌离婚；婚生男孩倪某某由原告郑某丽抚养，抚养费由原告承担；被告倪某斌赔偿原告郑某丽精神损害抚慰金人民币5000元。该判决已生效。 |
| Case 3 | | 案例3 |
| Chen Zhuan (Middle Name Withheld) v. Zhang Qiang (Middle Name Withheld) for Divorce Dispute | | 陈某转诉张某强离婚纠纷案 |
| - Abuse of “house rules” amounting to domestic violence | | --滥施“家规”构成家庭暴力 |
| 1. Basic Facts | | （一）基本案情 |
| Plaintiff Chen Zhuan and defendant Zhang Qiang registered their marriage on August 16, 1988, and their daughter Zhang (adult now) was born on July 9, 1989. Chen Zhuan once filed a divorce lawsuit in 1989 for frequent abuse by Zhang Qiang, and, after Zhang Qiang admitted his mistakes in court and promised no domestic violence in the future, Chen Zhuan dropped the lawsuit. Afterwards, Zhang Qiang remained unchanged, and demanded that Chen Zhuan obey in everything. Whenever Chen Zhuan decided to defy him, Zhang Qiang either abused and threatened her or punched and kicked her. On May 14, 2012, Zhang Qiang considered that Chen Zhuan did not wash his clothes clean, and then scolded her and ordered her to wash the clothes again. Chen Zhuan refused, and Zhang Qiang immediately beat her. Their daughter Zhang was also injured in trying to stop him. On May 17, 2012, Chen Zhuan filed a divorce lawsuit. Defendant Zhang Qiang argued that it was only a common dispute between husband and wife, and promised not to beat Chen Zhuan any more. However, in the court session, Zhang Qiang remained rude and abusive, and firmly disagreed to divorce. | | 原告陈某转、被告张某强于1988年8月16日登记结婚，1989年7月9日生育女儿张某某（已成年）。因经常被张某强打骂，陈某转曾于1989年起诉离婚，张某强当庭承认错误保证不再施暴后，陈某转撤诉。此后，张某强未有改变，依然要求陈某转事事服从。稍不顺从，轻则辱骂威胁，重则拳脚相加。2012年5月14日，张某强认为陈某转未将其衣服洗净，辱骂陈某转并命令其重洗。陈某转不肯，张某强即殴打陈某转。女儿张某某在阻拦过程中也被打伤。2012年5月17日，陈某转起诉离婚。被告张某强答辩称双方只是一般夫妻纠纷，保证以后不再殴打陈某转。庭审中，张某强仍态度粗暴，辱骂陈某转，又坚决不同意离婚。 |
| 2. Adjudication | | （二）裁判结果 |
| After a hearing, the court held that domestic violence was a means for one to control the other in a martial relationship. According to the facts found by the court, Zhang Qiang set many unwritten house rules for his wife. For example, clothes washed by Chen Zhuan must be to the satisfaction of Zhang Qiang, and Chen Zhuan was forbidden from retort after being scolded and forbidden from telling others after being beaten. Zhang Qiang's control over Chen Zhuan could also be seen in the litigation. For example, Zhang Qiang expressed his apology and promised not to beat Chen Zhuan any more in his statement of defense; however, in the court session, he threatened, scolded, and disparaged Chen Zhuan, which clearly showed his insincerity and lack of repentance. Therefore, the court entered a judgment to grant divorce of Chen Zhuan and Zhang Qiang. After the judgment of the court of first instance was pronounced, neither of the parties appealed. | | 法院经审理认为，家庭暴力是婚姻关系中一方控制另一方的手段。法院查明事实说明，张某强给陈某转规定了很多不成文家规，如所洗衣服必须让张某强满意、挨骂不许还嘴、挨打后不许告诉他人等。张某强对陈某转的控制还可见于其诉讼中的表现，如在答辩状中表示道歉并保证不再殴打陈某转，但在庭审中却对陈某转进行威胁、指责、贬损，显见其无诚意和不思悔改。遂判决准许陈某转与张某强离婚。一审宣判后，双方均未上诉。 |
| Before pronouncing its judgment, upon motion of Chen Zhuan, the court of first instance made a ruling to grant her personal safety protection to prohibit Zhang Qiang from beating, threatening, following, and harassing Chen Zhuan and their daughter Zhang, effective for six months. As confirmed through follow-up investigation, Zhang Qiang did not violate the ruling. | | 一审宣判前，法院依陈某转申请发出人身安全保护裁定，禁止张某强殴打、威胁、跟踪、骚扰陈某转及女儿张某某。裁定有效期六个月，经跟踪回访确认，张某强未违反。 |
| Case 4 | | 案例4 |
| Li E (Middle Name Withheld) v. Luo Chao (Middle Name Withheld) for Divorce Dispute | | 李某娥诉罗某超离婚纠纷案 |
| - Priority given to the best interests of children | | --优先考虑儿童最佳利益 |
| 1. Basic Facts | | （一）基本案情 |
| Plaintiff Li E and defendant Luo Chao registered their marriage on January 17, 1994, their daughter Luo Wei (middle name withheld) was born on August 7, 1994, and their son Luo Hai (middle name withheld) was born on June 27, 2002. They were in good relationship after getting married, but since 2003, there have been conflicts between them caused by Luo Chao's addiction to alcohol. From 2011, Luo Chao's addiction to alcohol worsened, and often committed domestic violence while drunk. In her diaries, their daughter Luo Wei wrote many times about Luo Chao's abuse of Li E and the two children while drunk. On January 5, 2012, Li E filed a divorce lawsuit for the first time. After Luo Chao proposed divorce by registration, Li E dropped the lawsuit. However, Luo Chao broke his words, and abused the three while drunk more frequently than before. On July 30, 2012, Luo Chao threatened to kill the whole family while drunk. Li E and their children hided in the bedroom by locking the door inside, but Luo Chao kicked the door open, and beat Li E. The children were also beaten in trying to dissuade him from beating their mother. On that night, Li E called the police twice. At the end of August 2012, to avoid abuse, Li E rented a house with her children to live separately from Luo Chao. On September 21, 2012, Li E filed a divorce lawsuit again, requesting that the two children were placed in her custody. Luo Chao argued that he and Li E had a good relationship, and denied the alleged alcohol addiction and domestic violence. He disagreed to the divorce and Li E's custody of the children. | | 原告李某娥、被告罗某超于1994年1月17日登记结婚，1994年8月7日生育女儿罗某蔚，2002年6月27日生育儿子罗某海。双方婚后感情尚可，自2003年开始因罗某超经常酗酒引起矛盾。2011年起，罗某超酗酒严重，经常酒后施暴。女儿罗某蔚在日记中记录了罗某超多次酒后打骂李某娥母子三人的经过。2012年1月5日，李某娥第一次起诉离婚。因罗某超提出双方登记离婚，李某娥申请撤诉。但之后罗某超反悔，酗酒和施暴更加频繁。2012年7月30日，罗某超酒后扬言要杀死全家。李某娥母子反锁房门在卧室躲避，罗某超踢烂房门后殴打李某娥，子女在劝阻中也被殴打，李某娥当晚两次报警。2012年8月底，为躲避殴打，李某娥带子女在外租房居住，与罗某超分居。2012年9月21日，李某娥再次起诉离婚并请求由自己抚养一双子女。罗某超答辩称双方感情好，不承认自己酗酒及实施家庭暴力，不同意离婚，也不同意由李某娥抚养子女。 |
| ．．．．．． | | ．．．．．． |
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