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No. 7 of the Second Batch of Ten Model Cases of Core Socialist Values Issued by Hainan High People's Court: The case of Wang Xying vs. Lin Xjing with the application and review of an order for the protection of personality rights—Stand against domestic violence, safeguard one's lawful right by law
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海南省高级人民法院发布第二批10起社会主义核心价值观典型案例之七：王某英诉林某敬人格权保护禁令申请审查案——抵制家庭暴力，学会用法律武器维权
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【法宝引证码】
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| No. 7 of the Second Batch of Ten Model Cases of Core Socialist Values Issued by Hainan High People's Court: The case of Wang Xying vs. Lin Xjing with the application and review of an order for the protection of personality rights—Stand against domestic violence, safeguard one's lawful right by law | | 海南省高级人民法院发布第二批10起社会主义核心价值观典型案例之七：王某英诉林某敬人格权保护禁令申请审查案——抵制家庭暴力，学会用法律武器维权 |
| [Core Values] | | 【核心价值】 |
| stand against domestic violence; safeguard happy family | | 反对家庭暴力，守护健康家庭 |
| [Basic Facts] | | 【基本案情】 |
| Wang Xying and Lin Xjing are man and wife. They fell in love years ago, and, with the consent of their parents, got married on September 25, 2014, at the civil affairs office. Their first son, Lin Xzheng, was born on February 4, 2004, and the second son, Lin Xhao, on June 9, 2005. After their marriage, in recent years in particular, Lin Xjing got addicted to drinking and drinks almost every day. When he drinks, or is drunk, he is seriously given to violence and has on many occasions, in public places sometimes, threatened or beaten Wang Xying without a reason. Meanwhile, to control Wang Xying and make her unable to or dare not resist his violence, Lin Xjing threatens and intimidates her friends in public. In 2022, Wang Xying escaped from home after being beaten by Lin Xjing who was drunk and without being provoked, and Lin Xjing threatened her friends in their houses to force Wang Xying to return home. The threatened parties called the police, and the police put him in administrative detention. Lin Xjing, on many occasions, hurt Wang Xying without a cause after drinking or being drunk, from insult to beating, and has resulted in serious mental injury and physical harm to Wang Xying. Lin Xjing's behavior is known to his parents, neighbors and friends. On March 4, 2023, Lin Xjing was drunk and went to the shop in the market to seek quarrel. He beat Wang Xying and threatened her with a cleaver. With the help of the public, Wang Xying escaped from the scene, and Lin Xjing was taken by the police. Wang Xying is of the opinion that Lin Xjing fails to undertake his duties as husband and father at home, is a serious chauvinist, hot-tempered and irritable after drinking, beats his wife without reason, and uses harsh words to his children. His outrageous violence at home has hurt Wang Xying in body and soul to the extreme, and the good feelings between them have thoroughly disappeared. They can no longer live together, and there is no chance for them to make up. To safeguard the applicant's marital and personal freedom against any violation, Wang Xying applied by law to the court, and requested the court to issue an order for personal protection. | | 王某英与林某敬系夫妻关系，两人早年自由恋爱，经双方父母同意于2014年9月25日到民政局领取结婚证。2004年2月4日生下大儿子林某铮，于2005年6月9日生下二儿子林某皓。林某敬婚后，特别是近几年嗜酒如命，基本每天都会喝酒，且在喝酒或醉酒状态情况下，存在严重暴力倾向，多次无故威胁、殴打王某英，且在公众场所多次殴打王某英。同时，为了控制王某英使其不能、不敢反抗，林某敬在公众场所对王某英的朋友进行威胁甚至恐吓，迫使王某英不敢反抗。林某敬在2022年时因醉酒无故殴打王某英，王某英逃离后，为了逼迫王某英就范，林某敬到王某英的朋友家中进行威胁，后当事人进行报警处理，警方对林某敬进行行政拘留。林某敬多次在喝酒后或者醉酒状态中无故伤害王某英，轻则进行辱骂，重则进行殴打，对王某英造成了严重的精神创伤和身体伤害，屡教不改。林某敬的行为其家人、邻居、朋友均知情。2023年3月4日，林某敬醉酒后无故到市场的商店进行吵闹，进而对王某英进行殴打，并用一把砍刀威胁王某英，后王某英在周围群众的帮助下逃离现场，林某敬于当日被公安机关依法处理。王某英认为，林某敬在家中没有尽到丈夫、父亲应有的责任，大男子主义倾向严重，喝酒后性格暴躁，无故殴打配偶，对孩子恶言恶语，林某敬家暴的恶劣行为使王某英的身心都受到了极大的伤害，夫妻双方之间的感情已彻底破裂，确实无法共同生活，无和好的任何可能。为维护申请人婚姻自由和人身自由权利不受侵犯，王某英依法向法院提出申请，请求法院依法作出人身保护禁令。 |
| ．．．．．． | | ．．．．．． |
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