On December 9 , 2024 , the Ministry of Public Security of the People's Republic of China, the Central Political and Legal Affairs Commission, the Supreme People's Court, the Ministry of Education, the Ministry of Civil Affairs, the Ministry of Justice, the National Health Commission, the All-China Women's Federation, and the Office of the State Council's Women and Children's Work Committee jointly issued the "Opinions on Strengthening the Implementation of the Domestic Violence Warning System" (hereinafter referred to as the "Opinions"), aiming to further play the role of the domestic violence warning system, actively intervene in and resolve family and marriage conflicts and disputes, and effectively prevent and stop domestic violence.
The Opinion has a total of 24 articles, which adopt a clause-based structure and clearly stipulate the substantive and procedural norms of the warning system, the connection between the warning system and related systems, and the specific implementation of the warning system. The important contents are shared as follows:
1. According to the Opinions, the basic evidentiary conditions for public security organs to identify facts of domestic violence include :
If the perpetrator has no objection to committing domestic violence, the perpetrator's statement, the victim's statement or witness testimony are required; if the perpetrator denies committing domestic violence, the victim's statement or witness testimony and another type of supporting evidence are required.
At the same time, it clarifies the types of supporting evidence that public security organs can use to determine the facts of domestic violence, including audio-visual materials that record the process of domestic violence, electronic data such as telephone recordings, text messages, instant messaging information, and emails related to domestic violence, testimony from witnesses such as relatives, friends, and neighbors, testimony from the minor children of the parties that is appropriate to their age and intelligence, a letter of repentance or guarantee issued by the perpetrator, an injury assessment opinion, medical institution diagnosis and treatment records, and records of complaints, reflections, or requests for help received by relevant departments and units. There are eight types of evidence totally.
2. The Opinion specifies the circumstances under which a warning letter is issued, the content of the warning letter, and details the warning implementation process .
If it is clearly stipulated that the circumstances of domestic violence are relatively minor and no public security management punishment is imposed according to law, the public security organ may give criticism and education to the perpetrator or issue a warning; if the facts of domestic violence have been verified to be true, the circumstances are relatively minor and the perpetrator has been criticized and educated by the public security organ for committing domestic violence, a warning should generally be issued; if the circumstances of domestic violence are significantly minor or the circumstances of domestic violence are relatively minor and the victim's forgiveness is obtained, the public security organ may give criticism and education to the perpetrator, etc.
The "Opinion" also regulates the style and content of domestic violence warning letters, and extracts and annotates relevant legal provisions.