"The current laws and regulations concerning domestic violence are vague and not nearly adequate for solving real conflicts," said Chen Aihua, head of Shenzhen-based Pengxing Domestic Violence Prevention Center. "China needs a law to address the issue head-on."

According to the current provisions in China's Criminal Law, those found guilty of abusing family members under "serious circumstances" are sentenced to two years in jail or placed under criminal detention or surveillance. If their mistreatment causes the victims serious injuries or death, the abusers face sentences ranging from two to seven years.

However, Xue Shulan, Vice President of the No.1 Criminal Court at the SPC, admitted that there is little consistency in the sentences handed to abusers in domestic violence cases, because the Criminal Law does not explicitly define "serious circumstances."

"Some local courts give a three-year sentence, some give 10 years, and some give a life sentence," Xue said.

Better protection

The draft law stipulates that government, judicial and other concerned departments must provide medical treatment, legal aid and judicial assistance to victims, and should protect rights of victims in terms of property division and child custody should domestic violence lead to divorce.

As for juveniles or elderly who suffer from domestic abuse, welfare organizations, schools and medical institutions are required to report domestic abuse to the police when dealing with victims who lack the capability to report by themselves. Those whose failure to report in a timely manner leads to severe consequences will assume legal liabilities.

To effectively address domestic violence, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice released guidelines for dealing with such cases on March 4, the first of its kind in China.

The guidelines state that offenders who abuse family members and cause serious injuries or death could be held guilty of intentional injury or intentional homicide, both of which may receive the death penalty. If there is compelling evidence that an offender does not intend to kill the victim, or the victim commits suicide because of the abuse, the offender could be convicted of abuse.

Long-time victims who end up killing their abusers could receive leniency, the guidelines noted.

The order to show leniency to long-time victims of domestic violence who kill their abusers "doesn't mean that we encourage women to solve domestic violence through violence," said Yang with the SPC's No.1 Criminal Court, adding that they should first turn to the legal system to protect their rights.

According to the guidelines, the police should intervene immediately when domestic violence is reported and judicial organs should prosecute the abusers if victims are threatened or lack the capability to file lawsuits.

Further effort

However, some critics say that the draft law being considered is still far from enough.

Chen Wei is a lawyer specializing in resolving marital disputes in Beijing. According to her, the draft law doesn't provide adequate protection or legal aid for victims of mental anguish caused by a refusal to communicate by family members.

"For instance, one of my clients was seriously abused by her husband, who completely ignored her afterward and refused to discuss the matter," Chen said. "This kind of 'silent resistance'--a refusal to acknowledge an offense has occurred and a lack of engagement with the victim--isn't addressed in the draft."

She also proposes a clause in the new law to protect people in non-marital relationships, because the number of such cases is rising.

Yao Yue, Director of the Maple Women's Psychological Counseling Center, an NGO in Beijing, suggests that the new legislation should implement a wider range of practical measures to protect victims.

"Clarifying the punishment for abusers and the rights of the victims is just one part of the issue. We need more practical articles to encourage more social organizations to join the fight against domestic violence," Yao said, adding that her organization will provide money to NGOs to help the victims of abuse.

"After a domestic violence offense is reported to the police, well-trained professionals should offer psychological help to both the abusers and victims. Timely intervention of this kind can reduce the mental anguish, and it should be written into the draft as a mandatory measure," Yao added.

She also calls for more attention to factors that can lead to domestic violence. "What we need, in fact, is not just more legislation. We need to eradicate the problem at the source," Yao added.

Copyedited by Kieran Pringle

Comments to yinpumin@bjreview.com