TOWSMAICBYUM :: Volume #5

#452: This treads the calling protection command of horse!


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Chapter 452 this treads the calling protection command of horse! 第452章这踏马的叫保护令! „After personal safety protection made the related judicial interpretation , the first case, many media used similar title. “人身安全保护令相关司法解释后第一案”,很多的媒体都用了类似的标题。 It is well known, no matter in what domain, first the meaning is very forever special. 众所周知,不管在什么领域,“第一”的意思永远都很特殊。 Why side Dazhuang must make Zhou resolute pay attention to watch this case , because he wants to make the first case! 方大状为什么要让周毅注意看有没有这种案件,就是因为他想做第一个案子! This not solely because of reputation. 这可不单单是因为名声。 Our country is the written law country right, however Supreme Court by the case interpretation classical case, instructs the case wait/etc, absolutely that influence is not you sees is so simple. 我国是成文法国家没错,但是最高法的以案释法经典案例,指导案例等等,那影响绝对不是你看到的那么简单。 This is equivalent to a following court reference, face to face when to similar situation how you can sentence. 这相当于给下面的法院一个参考,当面对类似的情况之时你们可以怎么判。 But this case, the emphasis of average person is that family/home violent male goes not to have, but the emphasis of legal professional is ruling that the personal safety protection made! 而这个案件,普通人的关注点是那个家暴男进去没,但是法律界人士的关注点是人身安全保护令的裁定! The relevant evidence is anything, how the court examines, what protection command then made to rule, this was the key point that the legal worker paid attention. 相关证据是什么,法院是如何审查的,然后做出了什么样的保护令裁定,这是法律人士关注的重点。 First protection command after the judicial interpretation announcement, moreover was listed as by the Supreme Court by the case interpretation classical case, this means, later comes across similar issue, can refer to this case to collect the evidence, applied to protect the command! 司法解释公布后的第一个保护令,而且被最高法列为了以案释法经典案例,这就意味着,以后遇到类似的问题,可以参考这个案例来收集证据,申请保护令! The broad city, the Yuan elder sister selected in the earliest possible time that the discovery renewed as before, was resolute that kidney empty sound. 广市,媛姐依旧在发现更新的第一时间点了进来,还是阿毅那个肾虚的声音。 Fellow dear audience master everyone's good, I am your old friend resolute, today brings a domestic abuse to everyone the story!” “各位亲爱的观众老爷大家好,我是你们的老朋友阿毅,今天呢给大家带来一个家庭暴力的故事!” Fog grass, but also is really the family/home violent! 雾草,还真的是家暴啊! Hurries to look downward, a employee in company, then the husband goes off track, but the prosecution divorce has not actually succeeded. 赶紧往下看,公司里的一个员工,然后丈夫出轨,但是起诉离婚却没有成功。 Arrived here, the entire video was covered by the dense and numerous barrages, was extremely is really crowded. 到了这里,整个视频都被密密麻麻的弹幕所覆盖,真的是太过于密集了。 Has saying that the present many people have the specially big difference regarding the conjugal family concept and beforehand person. 不得不说,现在的很多人对于婚姻家庭观念和以前的人有着特别大的差别。 Marriage not so-called is so sacred, crosses that. 婚姻并没有所谓的那么神圣,过得下去那就过,过不下去那就离。 However, perhaps for social stability, if the sides did not agree that this divorce is very difficult. 然而,或许是为了社会稳定吧,如果有一方不同意,那这个离婚就很难。 How can calculate to have a falling out, this issue is really a major problem, possibly no one can talk clearly. 如何才能算感情破裂,这个问题真的是个大问题,可能没人能说清楚。 In the barrage everyone is attacking, said that has gone off track this is also not has a falling out, that is really speechless. 只是弹幕里大家都在抨击,说都已经出轨了这还不算感情破裂,那真的无话可说。 But the video is so long, this not key point , to continue to look downward. 但视频这么长,这个不算重点,继续往下看。 By family/home violent, moreover is more than once, is one by one serious. 被家暴了,而且是不止一次,一次比一次要严重。 Reported to the police also mediated, this was the reality, has not been the degree of stipulation, even police comrade was not good to act to manage. 报警了也是调解,这是现实,没有达到规定的程度,就算是警察同志也不好出面来管。 Really is person who looks at must explode with rage. 真的是看的人要气炸了。 The Yuan elder sister direct starts to rap the keyboard: Divorce does not give to leave, no matter family/home violent, only then died can calculate that had a falling out?” 媛姐直接噼里啪啦地开始敲击键盘:“离婚不给离,家暴也不管,难道只有死了才能算感情破裂?” The person of probably her such idea is not infrequent, because now such situation are too many. 像是她这样想法的人不在少数,因为现在这样的情况太多了。 Can arrive at the divorce suit the degree, that proved a side has not thought absolutely absolutely. 能走到离婚诉讼的程度,那就证明其中一方是绝对绝对不想过下去了。 Even if you fuses forcefully in them together, they can live calmly and steadily? 就算伱把他们强行融合在一起,那他们能安稳过日子吗? Brought a lawsuit the divorce, finally must live together, this will not present the domestic abuse! 都打官司离婚了啊,结果还要一起生活,这可不就是会出现家庭暴力嘛! Under the Yuan elder sister's commentary quick then had/left some replies, everyone expressed the special support, moreover did not understand very much, what situation has a falling out. 媛姐的评论下方很快便多出了一些回复,大家都表示特别赞同,而且很不理解,什么情况才算是感情破裂。 This does not seem like other laws to stipulate, has very big fuzziness. 这不像是其他的法条规定,具有很大的模糊性。 Looked again downward, groom's family one group of relatives start to persuade one after another, mother! 再往下看,男方一堆亲戚开始轮番劝说,尼玛了! If this is not resolute video, the Yuan elder sister has closed now, looked person elevated blood pressure. 如果这不是阿毅的视频,媛姐现在早就关了,看的人血压升高。 What thing this is, even has to plant probably is looking at the feeling of bitterness play! 什么玩意啊这是,甚至好像有种在看苦情戏的感觉! Treads the horse, if this resolute does not give to arrange a very punishment the result, the Yuan elder sisters felt that now the evening could not have a good sleep to think. 踏马的,这阿毅要是不给安排一个很刑的结局,媛姐都感觉今晚上睡不好觉了。 The feelings of others are also this, has worry has towed the ending, how wants to have a look at that family/home violent male. 其他人的感觉也是这样,有着急的已经拖到了结尾,想看看那个家暴男到底怎么样了。 The domestic abuse solely does not refer among the couples, but also including parents' domestic abuse to child. 家庭暴力并不单单是指夫妻之间的,还包括父母对孩子的家庭暴力。 Beside family/home violent besides beginning, mental manipulation like this soft violence. 除了动手之外的家暴,还有精神控制这样的软暴力。 In brief a few words, the applicable scope of domestic abuse is very broad! 总之一句话,家庭暴力的适用范围很广! Person who looks at the Zhou resolute video, small time, not only has experienced the campus violence, similarly has experienced the domestic abuse. 很多看周毅视频的人,小的时候不单单经历过校园暴力,同样经历过家庭暴力。 The parents quarrelled daily, even attacked brutally, such situation regarding witnessing child, really could not forget for a lifetime. 父母天天吵架,甚至大打出手,这样的情况对于目睹过的孩子来说,真的一辈子都忘不掉。 Sometimes possibly closes one's eyes to remember these matters. 可能有时候一闭眼就会想起那些事来。 Previous time resolute sent the campus Tyrant Ling video, has not thought that this time unexpectedly is the domestic abuse! 上次阿毅发了校园霸凌的视频,没想到这次居然是家庭暴力! Cannot a little be bearing including the high tide...... 连着高潮有点受不了啊…… Closes the Guanju dove: I really do not want to say too, family/home violent dies to be good, no matter the men and women, do live well inadequately? “关关雎鸠”:我真的不想说太多,家暴的都去死好不好,不管男女,好好过日子不成吗? Wu Goufei sword: I also feel this, in childhood felt, so long as the parents quarrelled, will be very bothersome, specially bothersome, I thought that I have not been admitted to the university am my parents quarrel to quarrel...... “吴钩飞剑”:我也觉得是这样,小时候就觉得,只要父母一吵架,就会很烦,特别的烦,我觉得我没考上好大学就是我父母吵架吵的…… Yuan elder sister: Therefore doesn't the domestic abuse only limit in the family unexpectedly? Lived together and divorces also calculates? “媛姐”:所以家庭暴力居然不是只局限于家庭内?同居和离婚了的也算? This is the Yuan elder sister was seeing commentary that side Dazhuang and Zhou's resolute chat fragment time sends. 这是媛姐在看到方大状和周毅的聊天片段时候发出来的评论。 Zhou resolute asks side Dazhuang to consult, then side Dazhuang offers the suggestion, this is always in many videos the most fiery fragment! 周毅去找方大状咨询,然后方大状给出建议,这一向都是很多视频里最火热的片段! The suggestion that because side Dazhuang gives is always that the punishment! 因为方大状给的建议一向都是那么刑! Moreover you have not been able saying that side Dazhuang this suggestion has the issue. 而且你还不能说方大状这建议有问题。 Because of something, that is processes with the criminal activity, by civil, by individual, you do not even have the means to pose the effective threat. 因为有的事,那就是得用刑事来处理,靠民事,靠个人,你甚至都没办法对其造成有效的威胁。 This is the practical problem! 这是现实问题! Is same like the Zhou resolute beforehand rights protection, the prosecution brings a lawsuit the criminal private prosecution truly is very even good, but the evidence needs itself to collect. 就如同周毅之前的维权一样,起诉打官司甚至刑事自诉确实很不错,但是证据都需要自己来收集。 But sometimes you do not have the means to collect these evidence. 而有的时候你是没办法收集到这些证据的。 Even if there is an investigation of court to make is also so. 哪怕有了法院的调查令也是如此。 However the appeal case was different, spends the evidence that the superhuman strength could not attain personally, the public security organ acts to attain easily, this distinguishes. 但是公诉案件就不同了,个人费了九牛二虎都拿不到的证据,公安机关出面很容易就能拿到,这就是区别。 Moreover sometimes compensates a money, to these people superficial! 而且有时候赔点钱,对那些人来说不疼不痒! Now online often does not have many videos, these wear the famous watch to put on the person of precious clothes, often will say, father watch can buy your human life! 现在网上不是经常有着很多的视频嘛,那些戴着名表穿着名贵衣服的人,经常会说,老子这块表就可以买你一条人命了! You said that facing such person, you how, even if the civil action did win can? 你说,面对这样的人,你就算是民事诉讼赢了又能如何呢? He loses money can continue to do such matter, because he simply had not been educated. 他赔了钱还是可以继续做这样的事,因为他根本没有受到教育。 However after going, that was different. 但是进去之后,那就不一样了。 Sure enough, side Dazhuang offers the suggestion that the personal safety protection made, the Yuan elder sister also knew, originally after the divorce, when lives together the violence, can be the domestic abuse category, can apply to protect the command! 果不其然,方大状给出了人身安全保护令的建议,媛姐也知道了,原来离婚之后,以及同居之时的暴力,也可以算是家庭暴力范畴,也可以申请保护令! She thought of oneself that schoolmate all of a sudden! 她一下子想到了自己那个同学! Also is own good friend, once looked for a boyfriend, young, is the bad man who likes local ruffian commander Pishuai. 也算是自己的好友吧,曾经找了个男朋友,年轻嘛,就是喜欢痞帅痞帅的坏男人。 This really does not have idea, including her Yuan elder sister, the young time also likes such man...... 这真的没辙,包括她媛姐自己,年轻时候也喜欢这样的男人…… Naturally, the man also likes with badly the bad woman together, but men is very at heart clear, what girl can get married, what girl can only play. 当然,男人也喜欢和坏坏的女人一起,只不过男人们的心里很清楚,什么样的女孩可以结婚,什么样的女孩只可以玩玩。 The female pursues the male insulation gauze, past that in addition the stature appearance also added that that nature quickly in the same place. 女追男隔层纱,再加上身材长相也还说的过去,那自然很快就在一起了。 Ending is living together naturally. 完了就是自然而然的同居。 This society now regarding the view of living together is the polarization. 这个社会现在对于同居的看法是两极分化的。 After few people feel lives together, that is actually two marriage, because with marriage on difference that marriage certificate. 一部分人觉得同居之后,那其实就是二婚,因为和结婚之间就差那个结婚证。 Declared again, no matter the men and women are so. 再次申明,不管男女都是如此。 But another part of people felt, a person in the city, the male and female friend lives together, first saves the house rent, secondly is also tries to be able in the same place, moreover can support...... the advantage to be in brief many mutually. 而另一部分人则是觉得,一个人在城市,男女朋友同居,一来节省房租,二来也算是试试能不能在一起,三来还能互相扶持……总之好处很多。 Therefore you can see the quarrel in many places, after living together to bid good-bye, next is takes over a business...... 于是你可以在很多的地方见到争吵,同居分手之后,下一任算不算接盘…… Yuan elder sister's schoolmate naturally also bid good-bye, after may bid good-bye , the opposite party actually asks her to continue the predestined affinity again. 媛姐的这个同学自然也是分手了,可分手之后对方却总是来找她想要再续前缘。 After all in family/home slightly a little money, moreover past that the appearance stature said that said with a few words is, entangled. 毕竟家里稍微有点钱,而且长相身材都说的过去,用一句话说就是,缠上了。 Normally, does not have the means regarding such matter, can only move to avoid the opposite party, even leaves this city. 正常情况下,对于这样的事没办法,只能搬家躲开对方,甚至离开这个城市。 The Yuan elder sister's schoolmate and she said when is also very worried, the warning reported were innumerable, but the police came not to have the means. 媛姐的同学和她说起来之时也是很苦恼,报警报了无数次,但警察来了也没办法。 He does not have to visit directly, without doing, cannot grasp. 他没有直接上门,也没有干什么,总不能就这么抓起来吧。 Possibly will grasp in certain places? 可能在某些地方会抓? But broad city here, does not have the means that can only the education through criticism. 但广市这里,是没办法的,只能批评教育。 The Yuan elder sister feels now, this was too simply suitable own schoolmate! 媛姐现在就觉得,这简直太适合自己的同学了! Although the opposite party has not begun, but such behavior was also the family/home violent, was similar to the mental manipulation! 虽然对方没动手,但这样的行为也算是家暴了,类似于精神控制! Continues to look downward, resolute that staff went home to be hit, the opposite party violated the protection command, then raised the criminal private prosecution. 继续往下看,阿毅的那个员工回家又被打了,对方违反保护令,然后提起刑事自诉。 In this period underwent mediation time and time again, caused trouble even the small thesis, looks that made people think tired. 期间经过了一次又一次的调解,闹事甚至小作文,看着都让人觉得累。 The rights protection, never has is so simple. 维权,从来没有那么简单。 Finally the video looked, although family/home suddenly/violently male was sentenced the suspension of sentence, but had the settling a case bottom record. 终于视频看完了,家暴男虽然被判了缓刑,但还是有了案底记录。 What is more important, protects to make, although term of validity not over six months, but before due, but can also apply to lengthen...... 更重要的是,保护令虽然有效期不超过六个月,但在到期之前,还可以申请延长…… If the opposite party violates again, that was an accumulative offense! 如果对方再犯,那就是累犯了! Looked, could not attend to manages other, hurried to telephone to inform own schoolmate. 看完了,顾不得管其他,赶紧打电话通知自己的同学。 Quick, in the cell phone then spread an exhausted sound. 很快,手机里便传出了一个疲惫的声音。 What? Dream Yuan, you have not spoken incorrectly, really has such thing?” “什么?梦媛,你没说错吧,真的有这样的东西?” Online looks like? How this felt that group of I do not have a look at the video credibly.” “网上看来的?这怎么感觉不靠谱呢,行我看看视频吧。” Another side, the Yuan elder sister's schoolmate selected the link, after looking at the video, dumbfounded. 另一边,媛姐的同学点进了链接,看完视频后也呆住了。 At this moment, she really feels the law in oneself side! 这一刻,她真的感觉法律就在自己身边! How in the past not to have the means that probably ran into the rascal only to hide, now discovered, unexpectedly had such method! 过去怎么都没办法,好像遇到无赖只能躲,现在发现,居然有这样的法子! Possibly regarding understanding the person of law is a little strange, but this is the reality. 可能对于懂法的人来说有点奇怪,但这就是现实。 Many people he really do not know these things, even if we said now is the knowledge large explosion time, the Internet is so developed, but some people do not know. 很多人他是真的不知道这些东西,哪怕我们说现在已经是知识大爆炸的时候,互联网这么发达,但有的人就是不知道。 The disseminating laws has heavy responsibilities! 普法工作任重而道远! That starts to go into action! 那就开始行动起来吧! The Yuan elder sister made the call, starts to turn the commentary again, looks at the video, has the larger part pleasure in the commentary area. 媛姐这边打完了电话,再次开始翻评论,看视频嘛,有一大半的乐趣在评论区。 The sand sculpture netizens' commentary is so always interesting. 沙雕网友们的评论总是那么有意思。 Looks, the Yuan elder sister discovered familiar ID. 只是看着看着,媛姐就发现了一个熟悉的ID。 My Buddha mercy: Also delivers one, I am very curious, does being probable make the opposite party be imprisoned inadequately? Couple, does the child, need to achieve this situation? “我佛慈悲”:又送进去一个,我真的很好奇,非得让对方坐牢不成?夫妻一场啊,还有孩子,需要做到这个地步? resolute aggravates the situation, this contradicts with our values probably, doesn't help others do well well? Made a mistake, isn't good to an opportunity of correction?” “阿毅更是火上浇油,这好像和我们的价值观相悖吧,与人为善不好吗?错了,给一个改正的机会不好吗?” Here we go again, is this tone, previous time by that strong man week to resentment quite a while, but also thinks that does not dare to make an appearance. 又来了,又是这幅语气,上次被那个“猛男周”给怼了半天,还以为不敢露面了。 Has not thought that this time also dares to brave! 没想到这次还敢冒出来! The commentary area of this fellow has many mystifying replies, everyone said that this is a a living Buddha, must supply. 这家伙的评论区已经有了不少阴阳怪气的回复,大家都表示这是一位活菩萨,得供起来。 Also asks him while convenient, can send the address, they want to try face to face, looking at the opposite party is real a living Buddha. 顺便还问问他,能不能发一下地址,他们很想当面试试,看对方是不是真的活菩萨。 Speaking irresponsibly and sarcastically this is since the ancient times, online compels several everybody to be able randomly, was really met by oneself, you can see him are what idea. 站着说话不腰疼这是自古以来的,网上乱逼逼几句谁都会,真的让自己遇到了,那你就能看到他是什么想法了。 Now has similar words, if later the judgment day, first cuts the Holy Mother prostitute...... 现在已经有了类似的话语,如果以后世界末日,先斩己方圣母婊…… The Yuan elder sister issued Zhou resolute the related screenshot conveniently, she wants to know how resolute will handle this matter. 媛姐顺手将相关截图发给了周毅,她很想知道,阿毅会怎么处理这件事。 Online explodes because of the resolute video again, but now everyone also understands finally, why before resolute, retransmits time said, matter is not such. 网上再一次因为阿毅的视频而爆炸,而现在大家也终于明白了,为什么阿毅之前转发的时候说,事情不是那样。 No wonder, no wonder does not want, offtracking return home violent, moreover lives by pimping, on whom this places unable to bear. 怪不得呢,怪不得不愿意,出轨还家暴,而且还是吃软饭的,这放在谁身上都受不了。 However lets the protection command that many people pay attention, this thing was too useful to the family/home violent. 不过更让很多人关注的还是保护令,这个东西对于家暴真的太有用了。 Many experts discussed, improved the heat degree of case, makes side Dazhuang very joyful. 很多的专家学者都进行讨论,将案件的热度提高了很多,也让方大状很是欣喜。 Wanted is this effect! 要的就是这个效果! Unsurprisingly, this case was elected, for latest one batch takes the propaganda by the case interpretation classical case. 不出意外,这个案件被选为了最新一批的以案释法经典案例来作为宣传。 Are others happy do not know, the counter- square big shape is very happy. 别人开不开心不知道,反正方大状很开心。 The broad city, the Yuan elder sister's schoolmate prepared to hire the attorney, after all was the quite specialized matter, the average person was not quite good to do. 广市,媛姐的同学准备请律师了,毕竟是比较专业的事,普通人还是不太好做。 But after running several law offices, the Yuan elder sister's schoolmate a little compelled ignorant, because these law firms do not take such case either, either price cannot bear. 可是在跑了几家律师事务所之后,媛姐的同学有点懵逼了,因为这些律所要么不接这样的案子,要么价钱自己就受不了。 In the words of these attorneys, such case was very troublesome, collects the evidence time-consumingly strenuous not saying that even if won, could not make several money. 用那些律师的话说,这样的案子很麻烦,收集证据费时费力不说,就算是赢了,也赚不了几个钱。 This is the truth. 这是实话。 The civilian aspects attorneys quite like what case, the target greatly, even is some risky. 民事方面的律师们比较喜欢什么案子,标的额大一点的,甚至是一些有风险的。 For example before kingly way benevolent, risk proxy that most likes. 比如王道仁之前最喜欢的风险代理。 Some well-known attorney even one year make such 1-2 cases, this year's income enough. 一些知名律师甚至一年做那么1-2案子,今年的收入就够了。 Online once spread the news that a sky-high price attorney has spent, at that time also caused a stir very much for the first time, making many people contact the risk to act this noun. 网上曾经传出过一个天价律师费的新闻,当时还很轰动,让很多人第一次接触到了风险代理这个名词。 But probably this unilateral application, very troublesome did not say, the attorney spends is also stipulated that therefore many people do not want to do naturally. 而像是这种单方面的申请,很麻烦不说,律师费也是规定的,所以自然而然就有很多人不想做。 In the reality, side Dazhuang such attorney are few. 现实中,方大状这样的律师还是少。 Transferred several to have no result, the Yuan elder sister's schoolmate makes a determined effort, this did not have the ready-made example, oneself studied this inside case to collect, a time was not good twice, three times! 转了几圈没什么结果,媛姐的同学发了狠,这不是有现成的例子吗,自己就学着这里面的案件来收集,一次不行就两次,三次! This inside said that needs what evidence, oneself collect what evidence! 这里面说需要什么证据,那自己就收集什么证据! At home Zhou resolute who Jingzhou, is exercising naturally received the Yuan elder sister's message , is a little uncomfortable. 京州,正在家里锻炼身体的周毅自然收到了媛姐的消息,也是有点不舒服。 Also is urging the person to be magnanimous, really hopes that which day of opposite party experiences similar matter. 又在劝人大度了,真的希望哪天对方遇到类似的事。 Ok, first goes downstairs to eat meal. 算了,还是先下楼吃个饭吧。 Outside bright peak community many restaurants. 光明峰小区外还是有不少饭馆的。 ( This chapter ends) (本章完)
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