New legislation set to turn spotlight on domestic abuse
Print Edition
THE Chinese government is soliciting feedback on the country’s first draft for a national law on family violence in a bid to combat domestic abuse and raise public awareness of an issue that is seldom discussed.
Under a draft law published by the Legislative Affairs Office of the State Council, governments at all levels are required to allocate special funds to help combat family violence.
At the same time, social organizations and individuals will be given the right to “dissuade, bar and report physical and psychological abuse” happening within families.
Police are obliged to respond immediately to reports of abuse, the draft said, adding that victims will be able to apply for restrictive measures, including restraining orders, against their abusers.
Abusers in minor cases will be given written reprimands, while in more serious cases they could face criminal charges under the law, the draft said.
China’s regulations governing offenses against public order stipulate that those who abuse their family members should receive a warning and could be detained for up to five days at their victims’ request.
In extreme circumstances, abusers could also face criminal detention, public surveillance or a prison sentence of up to two years under criminal law.
Should the abuse lead to serious injury or death, the penalty could be a fixed-term imprisonment of up to seven years, it said.
China does not have a specific law on family abuse, although a number of national laws and regulations — including the marriage law, the law on the protection of minors and the law on the protection of the rights and interests of women — make reference to the matter.
Family violence has remained in the shadows for a long time in China, where culture holds that such conflicts are private.
A 2010 survey by the All-China Women’s Federation and the National Bureau of Statistics said that 34 percent of girls and 53 percent of boys had received “physical punishments” from their parents.
A report by CCTV yesterday cited another survey that claimed 13 percent of Chinese elders had suffered abuse at the hands of family members.
Under the draft law, social aid organizations, primary and middle schools, kindergartens and medical institutions must report familial abuse, and could be held liable if they fail to do so in a timely manner, resulting in “serious consequences.”
Government, judicial and other authorities must also provide medical treatment, legal aid and judicial assistance to the victims of family abuse, and should protect victims’ rights in terms of property division and child custody should domestic violence leads to divorce.
The law applies also to foster homes, the Legislative Affairs Office of the State Council said.
It said that the rules do not apply to unmarried, cohabiting or divorced couples.
Members of the public can voice their comments on the proposal before December 25, the office said.
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