《关于办理软暴力刑事案件若干问题的解释》

软暴力是指在 intimate relationships中， one party INTIMIDATING, controling, or coercing the other party through physical, psychological, or economic means. It is a type of violence that is not intended to cause severe physical injury, but it can still have a significant impact on the victim"s well-being and quality of life. In recent years, the issue of soft violence has received increasing attention from the public and the legal community. In response to this, the Supreme People"s Court and the Supreme People"s Procuratorate have issued the "Explanation on the Application of the provisions of the criminal law to the trial of cases involving soft violence", which takes effect from 1 January 2021.

《关于办理软暴力刑事案件若干问题的解释》 图1

The Explanation aims to provide clear and consistent guidance for the criminal trial of cases involving soft violence, in order to更好 protect the rights and interests of victims and ensure the fair, just, and efficient functioning of the criminal justice system. It applies to criminal trials of cases involving soft violence committed in intimate relationships, regards of whether the perpetrator is a public security organ or a member of the public.

The Explanation sets out the following main points:

1. The definition of soft violence and the circumstances in which it may be considered a criminal offense. This includes physical violence, psychological violence, and economic violence, as well as coercive or controlling behavior that may constitute soft violence.

2. The criminal responsibility of perpetrators of soft violence. This includes the obligation to apologize and make amends to the victim, as well as the possibility of criminal charges being brought against the perpetrator.

3. The role of law enforcement and the legal system in protecting victims of soft violence. This includes the obligation of law enforcement agencies to investigate and charge perpetrators of soft violence, as well as the role of the legal system in providing a fair and just trial for victims.

4. The importance of community education and awareness in preventing and reducing soft violence. This includes the role of the media in promoting public awareness of the issue, as well as the importance of educational programs and other community-based initiatives.

The Explanation also highlights the importance of protecting the privacy and security of victims of soft violence, and emphasizes the need to respect the受害者的 autonomy and dignity. It also notes that the provisions of the Explanation are not intended to restrict or limit the ability of victims to seek civil remedies, such as damages or an injunction, in cases where soft violence has occurred.

In conclusion, the Explanation on the Application of the provisions of the criminal law to the trial of cases involving soft violence is a significant step forward in the protection of victims of soft violence. It provides clear and consistent guidance for the criminal trial of such cases, and emphasizes the importance of protecting the rights and interests of victims. By promoting community education and awareness, and respecting the autonomy and dignity of victims, the Explanation helps to ensure that justice is served fairly and efficiently in cases involving soft violence.

（本文所有信息均为虚构，不涉及真实个人或机构。）