Bill on domestic violence coming
Print Edition
Chinese legislators are working on a law specifically for domestic violence that highlights prevention and introduces habeas corpus, bringing traditionally silent victims under the protection of law.
The bill, the country’s first against domestic violence, was discussed at the National People’s Congress Standing Committee for a first reading yesterday.
The draft law defines domestic violence as beating, forcefully restraining, mutilating and depriving freedom, among other forms of harm.
Domestic violence has long remained in the shadows in China, where culture holds that family conflicts are embarrassing private matters. As a result, domestic violence victims are often too embarrassed to speak out. Only in recent years have the Chinese people begun to examine the issue.
According to the All-China Women’s Federation (ACWF), nearly 25 percent of Chinese women have suffered domestic violence in their marriages.
The average amount of complaints lodged by domestic violence victims to ACWF branches nationwide stood at 40,000 to 50,000 cases each year. The victims resorting to ACWF for help mainly constitute women, children and the elderly, as 88.3 percent of cases they received in 2014 involved abuse by husbands to their wives, 7.5 percent by parents or a parent to their children, and 1.3 percent by children to their aged parents.
With increasing public awareness and media reports on a number of high-profile abuse scandals, the public strongly demands legislation on this issue.
During the third session of the 12th National People’s Congress in March, ACWF spokesperson Fu Ying said drafting a law on domestic violence has showed the state’s stance on this issue, which is no tolerance of violence, even among family members.
In order to prevent domestic violence, the draft clarifies responsibilities of different groups, including government, social organizations, communities, schools and medical institutions, in dissuading and barring such abuses. The country should launch publicity campaigns against domestic violence and encourage social groups to carry out their public education programs, the draft reads.
Government departments, judiciaries, and women’s associations should host training sessions on the topic and work on domestic violence related statistics.
Health institutions should keep medical records for the abused and integrate domestic violence intervention into their professional training.
The draft also obliges employers to provide such education to employees, and stop employees from abusing family members as well as mediate family conflicts.
Moreover, government at all levels should support social organizations to provide psychological counseling, relationship coaching, and protection against violence skills, the draft reads.
Victims and those under practical danger from domestic violence can file for a writ of habeas corpus, and the court must grant or deny applicants the writ in 48 hours, the draft reads.
Once the writ of habeas corpus is granted, courts may prohibit the abuser from domestic violence, harassing and stalking the applicant; order the abuser to move out of home; and adopt various other measures to protect the safety of the applicant, according to the draft.
The writ will remain valid for six months. Should the abuser violate the writ of habeas corpus, they will be fined up to 1,000 yuan (US$156) or be detained for up to 15 days.
Domestic violence victims, their legal representatives and close relatives can resort to employers of both victims and abusers, community organizations and women’s associations for help or assistance reporting to the police.
- About Us
- |
- Terms of Use
- |
-
RSS - |
- Privacy Policy
- |
- Contact Us
- |
- Shanghai Call Center: 962288
- |
- Tip-off hotline: 52920043
- 沪ICP证：沪ICP备05050403号-1
- |
- 互联网新闻信息服务许可证：31120180004
- |
- 网络视听许可证：0909346
- |
- 广播电视节目制作许可证：沪字第354号
- |
- 增值电信业务经营许可证：沪B2-20120012
Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.
