BR America       中文       Deutsch       Français       日本語       ChinAfrica
Search      Subscribe
Home      Nation      World      Business      Opinion      Lifestyle      Multimedia      Documents      Special Reports      Africa Travel
Nation
New Legislation Outlaws Domestic Abuse
 

As China's first national law against domestic violence comes into force, legal professionals across the country are predicting a sharp decline in the number of cases of spousal and partner abuse.

"Domestic violence won't stop until offenders see the actual punishments when the law comes into force (on March 1)," said Wang Xinliang, a lawyer with the Shandong Xinliang Law Firm, who added that the message will really be driven home when restraining orders and warnings are issued.

The legislation, the second and final draft of which was approved by the State legislature in late December, has been hailed as a milestone in the movement to protect women from physical and psychological abuse at home.

"The new law signals huge progress in the move to eradicate the harm and fear that results from domestic violence," said Li Mingshun, a professor of law at the China Women's University in Beijing.

Xue Ninglan, a researcher at the Chinese Academy of Social Sciences, said the legislators have adopted a number of unusual tactics. "Some articles in the law emphasize the prevention of domestic violence within the context of society as a whole. For instance, one of the stipulations is that employers will be responsible for promoting the message in the workplace, which is a very creative measure." he said.

Keeping it in the family

Domestic violence has long been regarded as a private matter in China, as demonstrated by the old maxims: "Impartial judges find it difficult to resolve domestic disputes", and "Couples fall in and out in one bed".

"The law prohibits 'all forms of domestic violence'. That underlines China's condemnation of abuse and clarifies that it is not a private matter, but a public hazard. The law states that domestic violence is not just abuse within the family, but also illegal behavior that violates the human rights of family members," said Li, who is also deputy head of the marriage and family board at the China Law Society.

According to Wang, the law needed to be clarified to provide the courts and legal experts with a clear definition of domestic violence. "In traditional Chinese culture, family problems are resolved within the home and outsiders had better keep their noses out," he said.

"For example, a woman calls the police because a man is beating her on the street. If they are not acquainted, the man will be fined or locked up, depending on the injuries the women sustained. However, if they are husband and wife and the police become involved, the husband will often tell the officers, 'I am beating my wife, so it's none of your business.' In a scenario such as this, the police will usually respond by warning the husband about his violent behavior, but until now there were no legal grounds to force him to stop," Wang added.

Huang Ermei, a judge at the Supreme People's Court, said the old attitudes are changing. "Traditional thought is deeply rooted. Although people are gradually beginning to realize that it is right for members of the public to intervene if they witness domestic violence, that right is generally regarded as limited because of concerns about privacy, which are traditional but misguided," she said, adding that data and case studies indicate that members of the public rarely intervene in "family matters". "The reality isn't like that," she said.

Privacy concerns and the concealment of offenses by victims mean the number of cases brought before the courts has always been low, and the number of women seeking help, reporting violence to the police or filing lawsuits is far lower than the actual number of incidents.

"A considerable number of victims are still reluctant, fearful and unable to use the law to protect their rights," Huang said.

Between 2008 and 2014, the courts issued more than 5,000 restraining orders to perpetrators of domestic violence nationwide. "Although that represented a breakthrough, the number was disproportionately low, given what we know about domestic violence," she added.

According to a 2010 survey conducted by the All-China Women's Federation, which has campaigned against domestic violence for many years, nearly 25 percent of Chinese women have been subjected to violence in the home, yet the federation said it receives just 40,000 to 50,000 complaints a year. In 2014, the total female population was estimated to be 667 million.

Many victims are too frightened to speak out, according to Jiang Yue'e, vice-president of the China Association of Marriage and Family.

Age-old dilemma

Liu Bohong, a senior researcher at the Women's Studies Institute of China, said abuse has long been a hidden problem: "Traditionally, awareness and understanding of domestic violence have always been low in China."

About 30 years ago, a city mayor shared the story of a case of domestic violence with Liu, then a graduate student, and some of her peers. According to the mayor, a woman had been repeatedly and seriously beaten by her husband. Eventually, she could not bear the abuse any longer and turned to the mayor for help.

The request posed a dilemma. "How could I help her to choose between two types of suffering-going hungry or suffering abuse?" said Liu, quoting the mayor, who pointed out to the students that the woman didn't have a job, so she would have no income if she left her husband.

"What was very odd was that the mayor regarded the matter as one of choice. As a mayor, how could he ensure people were safe from both starvation and violence? At that time, that was his understanding of domestic violence," Liu said, adding that society's understanding of the problem has improved.

In September, at the UN headquarters in New York, President Xi Jinping proposed greater promotion of women's rights worldwide. "We must eradicate all forms of violence against women, including domestic violence. We should focus on gender equality and dismiss outdated mentalities and customs that inhibit women's development," Xi told the Global Leaders' Meeting on Gender Equality and Women's Empowerment, reflecting the fact that domestic violence is not only a serious matter in China but also across the world.

Guo Ruixiang, a program coordinator at UN Women China, said the issue extends far beyond the home: "Domestic violence is not just a family matter, but also a social problem."

A study of the States of the European Union found that 33 percent of women in the 28-member bloc had suffered at the hands of violent partners. At present, 119 countries have national laws that address the issue of violence against women, and the UN marks the International Day for the Elimination of Violence against Women on November 25 every year.

Wang, the lawyer, said domestic violence was a factor in more than half of the divorce cases in which he has acted. In 2012, in Jinan, Shandong Province, Wang was a member of a group of lawyers and legal researchers that initiated China's first rights' protection alliance to tackle domestic violence. On Jan 10, the alliance opened a hotline-0531-88018785-to help victims nationwide.

"I hope victims of domestic violence now know how to find justice and protect their rights," Wang said.

In January, a local court issued a restraining order against an abusive husband in Hunan Province in Central China, who had also been given an official warning by police. Experts said the moves mark the first effective case since the second draft of the new law was approved in December.

The new law "prohibits all forms of domestic violence", which it defines as: "Physical, psychological and other harm inflicted by family members, including beating, restraint, injury or arbitrary deprivation of liberty, recurring verbal threats and abuse".

It also clarifies the responsibilities of each party-including the police, courts and women's federations. The police are now required to intervene immediately when abuse is reported, to stop it at once and collect related evidence. Officers must also help victims obtain treatment and medical reports. In most cases, the courts must respond to applications for restraining orders within 72 hours, but cases deemed urgent require a response within 24 hours.

The law is intended to prevent domestic violence, protect the lawful rights and interests of family members and punish offenders, Song Xiuyan, vice-president of the All-China Women's Federation, said.

Slow but sure progress

Until now, there were no specific laws related to abuse within the family, but the issue was included in related laws and regulations, such as the Marriage Law, the Law on the Protection of Minors and the Law on the Protection of the Rights and Interests of Women.

"This new law indicates we have made some progress, but only very slowly," said Liu from the Women's Studies Institute of China. "Sexual violence has not yet been written into the law, which is a crucial blind spot."

Defining "domestic" is also a critical factor. The draft considers live-in partners as family members, but it should also include other intimate relationships, such as partners who are sexually active but do not cohabit, she said.

Abuse may also be committed by other family members, Liu said, pointing out that, for example, some lesbians not only face abuse from their partners, but also suffer emotional abuse from their parents.

Liu suggested that other forms of other relationship, such as domestic workers and tenants, should also be covered by the law.

Wang said specific guidance and proper training should be provided for front-line professionals, including police officers, social workers and judges, and he expects to see a raft of clearly defined advice released soon to cover gray areas.

"For example, the law does not specify exactly how the police should respond to reports of domestic violence-and that will be critical to the aim of making a potential offender think twice before committing the crime," he said.

 The path to progress

・ 1995

The Fourth World Conference on Women is held in Beijing, and is seen as a landmark in the global agenda for gender equality. The Beijing Declaration and the Platform for Action, adopted unanimously by 189 countries, are formulated at the conference. The declaration is regarded as a roadmap for women's empowerment and the key global policy document on gender equality.

・ 1999

The UN selects November 25 as the International Day for the Elimination of Violence against Women.

・ 2008

At the annual meetings of the National People's Congress and the Chinese People's Political Consultative Conference, the All-China Women's Federation proposes the introduction of new laws against domestic violence.

・ 2013

The NPC agrees to draft legislation to outlaw domestic violence.

・ November 25, 2014

The State Council releases a draft document against domestic violence.

・ December 2015

The national anti-domestic violence law is approved by the State legislature.

・ March 1, 2016

China's first regulation to outlaw domestic violence comes into force.

(China Daily  February 29, 2016)

About Us    |    Contact Us    |    Advertise with Us    |    Subscribe
Partners: ChinAfrica   |   China.org.cn   |   China Today   |   China Pictorial   |   People's Daily Online   |   Women of China   |   Xinhua News Agency   |   China Daily
CGTN   |   China Tibet Online   |   China Radio International   |   Beijing Today   |   gb times   |   China Job.com   |   Eastday   |   CCN
Copyright Beijing Review All rights reserved 京ICP备08005356号 京公网安备110102005860号
SHARE
Twitter
Facebook
Google+
WeChat
Weibo
Email
Print
Chinese Dictionary: