Husband slits wife's throat with a knife, court issues protection order

[4] Compiled from: Red Star News
 
[2] Around 16:30 on February 15, 2023, the Yongding District People's Court of Zhangjiajie City efficiently reviewed and issued the first personal safety protection order of 2023.
 
Case review
[3] At noon on February 15, 2023, through the liaison of the Yongding District Women's Federation, the victim, Quan Mouqing, applied to the Yongding District People's Court for personal safety protection measures. Upon receiving the application, the court immediately assigned a judge to handle the case and understand the situation. The applicant, Quan Mouqing, claimed that she and the respondent, Li Mou Sheng, were married. During the marriage, due to emotional discord, they had long-term arguments and physical fights. In particular, around 17:00 on February 7, 2023, the respondent, Li Mou Sheng, used a fruit knife he brought to cut the applicant's neck near a roadside in a certain community in Yongding District, severely affecting the applicant's normal life.

 
 

[4] Given that the respondent's actions had caused significant harm to the applicant's personal safety, the Yongding District People's Court reviewed the case and found that the applicant's request was justified and met the legal conditions for a protection order. In accordance with the relevant provisions of the Anti-Domestic Violence Law of the People's Republic of China, the court issued a civil ruling [Hunan Province Zhangjiajie City Yongding District People's Court (2023) Xiang 0802 Min Bao Ling No. 1] and immediately entrusted the Yongding District Public Security Bureau of Zhangjiajie City to serve it to the respondent, Li Mou Sheng.
 
 
《 [1] The People's Republic of China [5] Anti-Domestic Violence Law
Article 26
[6] A personal safety protection order is issued by the people's court in the form of a ruling.
 
Article 27
A personal safety protection order shall be issued subject to the following conditions:
(1) There is a clearly identified respondent;
(2) There are specific requests;
(3) There are circumstances of domestic violence or real danger of domestic violence.
 
[6] Article 28
After accepting an application, the people's court shall issue a personal safety protection order or reject the application within seventy-two hours; in urgent circumstances, it shall do so within twenty-four hours.
 
Article 29
A personal safety protection order may include the following measures:
(1) Prohibiting the respondent from committing domestic violence;
(2) Prohibiting the respondent from harassing, stalking, or contacting the applicant or their close relatives;
(3) Ordering the respondent to move out of the applicant's residence;
(4) Other measures to protect the applicant's personal safety.
 
Article 34
If the respondent violates the personal safety protection order and the act constitutes a crime, criminal liability shall be pursued according to law; if it does not constitute a crime, the people's court shall give a reprimand and may, depending on the severity of the circumstances, impose a fine of not more than 1,000 yuan or detention for not more than 15 days.

 
 

 
[1] The author's perspective
The "Personal Safety Protection Order" mentioned in this case is a formal ruling made by the court, carrying legal effect. Relevant parties must strictly comply, or they will bear corresponding legal liability. According to Article 34 of the Anti-Domestic Violence Law, if the respondent violates the personal safety protection order and the act constitutes a crime, criminal liability will be pursued according to law; if it does not constitute a crime, the people's court shall give a reprimand and may impose a fine of up to 1,000 yuan or detention of up to 15 days, depending on the severity of the circumstances.
 
Thus, in today's society governed by the rule of law, it is no longer the case that "even an upright official finds it hard to settle family disputes." If one party commits violence or other acts that threaten the normal life of the other party in daily life, the court will use judicial public power to intervene, thereby protecting the life and health of the weaker party. A harmonious society requires not only legal regulation but also the efforts of each and every one of us.