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Is it considered domestic violence by boyfriend? How to define domestic violence in Chinese law

According to statistics, one out of every three women in the world has been beaten, forced to have sex or abused in other ways in her life. Recently, Jiang Jinfu's domestic violence has become a hot topic. Many people are curious about whether couples are going to be considered domestic violence by their boyfriends. Let's have a brief introduction.

What is domestic violence

Domestic violence refers to violence among family members, including beating. Binding, confinement or domestic cold violence, whether mental or physical violence.

Domestic violence occurs among family members. Therefore, being beaten by a boyfriend is not considered as domestic violence. It belongs to other types of violence. If it causes real damage, you can also call the police for help.

Of course, female beating or cold violence against male is also considered as domestic violence. The definition of domestic violence is between family members, and there is no stipulation that the party responsible for domestic violence must be male.

Is it considered domestic violence by boyfriend?

After consultation, the prosecutor told reporters that the definition of domestic violence in the law of the people's Republic of China on anti domestic violence implemented in 2016 is: the physical and mental violations among family members by beating, binding, maiming, restricting personal freedom, and frequent abuse and intimidation are called domestic violence.

However, Article 37 of the supplementary provisions of the anti domestic violence law of the people's Republic of China clearly stipulates that violence committed between people who live together other than family members shall be carried out with reference to the provisions of this law.

In other words, in China, the violence in love and cohabitation is similar to the violence in marriage, with high concealment, and the power of public power is not easy to detect. It is also included in domestic violence, which is subject to legal constraints.

Domestic violence also includes mental and sexual violence

According to the prosecutor, domestic violence is not only physical violence such as beating and maiming, but also mental violence such as restricting personal freedom, abusing and intimidating.

The occurrence of mental violence needs to be frequent to constitute domestic violence, and generally speaking, the quarrel between husband and wife cannot be said to be domestic violence. In addition, sexual violence is also a kind of domestic violence.

Physical violence is specifically manifested as: one of the husband and wife beat the other to death, mutilation, or serious injury; frequent physical injury or humiliation behaviors such as punching, kicking, biting, slapping, etc. between the husband and wife; women beaten by their spouses during pregnancy and childbirth; the third party involved in the physical injury to their spouses, etc.

The specific manifestations of mental violence are: the husband and wife often threaten, intimidate and abuse the other party to cause the other party's mental illness; threaten with injury, damage furniture, hurt animals, beat and scold children to intimidate the other party's mental fear, security threat, etc.

The specific manifestations of sexual violence are: often forced to have sex with the spouse by violence, resulting in harmful consequences; after drinking alcohol, forced to have sex with the spouse by violence, resulting in the other party's unbearable; forced abnormal sexual abuse of the spouse by violence, etc.