救助措施与法律责任
实施家庭暴力或虐待家庭成员,受害人有权提出请求,居民委员会、村民委员会以及所在单位应当予以劝阻、调解。
对正在实施的家庭暴力,受害人有权提出请求,居民委员会、村民委员会应当予以劝阻;公安机关应当予以制止。
实施家庭暴力或虐待家庭成员,受害人提出请求的,公安机关应当依照治安管理处罚的法律规定予以行政处罚。
对遗弃家庭成员,受害人有权提出请求,居民委员会、村民委员会以及所在单位应当予以劝阻、调解。
对遗弃家庭成员,受害人提出请求的,人民法院应当依法作出支付扶养费、抚养费、赡养费的判决。
对重婚的,对实施家庭暴力或虐待、遗弃家庭成员构成犯罪的,依法追究刑事责任。受害人可以依照刑事诉讼法的有关规定,向人民法院自诉;公安机关应当依法侦查,人民检察院应当依法提起公诉。
有下列情形之一,导致离婚的,无过错方有权请求损害赔偿:
(一)重婚的;
(二)有配偶者与他人同居的;
(三)实施家庭暴力的;
(四)虐待、遗弃家庭成员的。
离婚时,一方隐藏、转移、变卖、毁损夫妻共同财产,或伪造债务企图侵占另一方财产的,分割夫妻共同财产时,对隐藏、转移、变卖、毁损夫妻共同财产或伪造债务的一方,可以少分或不分。离婚后,另一方发现有上述行为的,可以向人民法院提起诉讼,请求再次分割夫妻共同财产。
人民法院对前款规定的妨害民事诉讼的行为,依照民事诉讼法的规定予以制裁。
对拒不执行有关扶养费、抚养费、赡养费、财产分割、遗产继承、探望子女等判决或裁定的,由人民法院依法强制执行。有关个人和单位应负协助执行的责任。
其他法律对有关婚姻家庭的违法行为和法律责任另有规定的,依照其规定。
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REMEDIES AND
LEGAL
LIABILITIES
In case of
familial
violence or
maltreatment of
any family
member, the
victim thereof
shall be
entitled to make
petitions, and
the villagers’
committees, the
relevant urban
residents'
committee,
villagers’
committee or the
entity where the
victim is a
staff member
shall make
dissuasions or
mediations.
The victim
shall be
entitled to make
petitions
concerning the
familial
violence that is
happening, and
the relevant
urban residents’
committee or
villagers’
committee shall
make
dissuasions, and
the public
security organs
shall stop such
acts.
Where the
victim of family
violence or
maltreatment
makes a
petition, the
public security
organ concerned
shall give
administrative
punishment to
the actor
according to the
provisions on
the
administration
of public
security.
Any member
deserted by his
or her family
shall be
entitled to make
petitions, and
the relevant
urban residents’
committee,
villagers’
committee or the
entity where the
victim is a
staff member
shall make
dissuasions or
mediations.
Where any
person deserted
by his or her
family makes a
petition, the
people’s court
shall make a
judgment
concerning the
payment of
expenses for
upbringing,
supporting and
maintenance.
Criminal
liabilities
shall be meted
out to bigamists
and those who
has committed
familial
violence or
maltreated or
deserted any
family member so
seriously as to
have constituted
a crime. The
victim may file
a private
prosecution at
the people’s
court according
to the
provisions of
the criminal
procedure law;
the relevant
public security
organ shall make
investigations
and the people’s
procuratorate
concerned shall
make a public
prosecution
according to the
provisions of
law.
In any of the
following
circumstances
which has led to
the divorce of
husband and
wife, the
innocent party
shall be
entitled to
claim damages:
a. bigamy;
b.
cohabitation
between a person
who has a spouse
but co-habitats
with a third
person;
c. familial
violence;
d. maltreating
or deserting any
family member.
If, at the
time of divorce,
any party
conceals,
transfers, sells
or destroys the
property jointly
owned by both
husband and
wife, or
fabricates any
debt in an
effort to seize
the property of
the other party,
the person who
conseals,
transfers, sells
or destroys the
jointly owned
property or
fabricates the
debt may, in the
partition of
jointly owned
property, have a
smaller or even
no share. If any
party discovers
any of the
afore-mentioned
acts after
divorce, he or
she may file a
suit at the
people’s court
to apply for
repartitioning
the jointly
owned property.
The people’s
court concerned
may punish any
of the acts that
hampers the
civil litigation
concerning the
afore-mentioned
acts according
to the civil
procedure law.
In case any
person refuses
to execute the
judgment or
decision on the
payment of
expenses for
upbringing,
supporting or
maintenance, the
partitioning or
inheritance of
property or
visiting the
children, the
execution may be
enforced by the
people’s court
in accordance
with the law.
Relevant persons
and entities
shall be
responsible for
giving
assistance to
the enforcement.
Where there
are different
provisions in
other laws
concerning the
illegal acts and
legal
liabilities in
the area of
marriage or
family, such
provisions shall
be followed. |