Chinese Legislators Stepping Up Efforts in Law against Domestic Violence

Chinese legislators are working on a law specifically covering domestic violence. The draft is said to be the first of its kind in China connected to domestic violence.

It has been discussed at the bi-monthly meeting of the National People's Congress Standing Committee.

Song Xiuyan with the State Council says the draft bill highlights prevention and puts the onus on those with a duty to protect the victims.

"In order to better protect those who are afraid to speak out for themselves, the draft law obligates staff at secondary and primary schools, kindergartens as well as medical institutions who suspect domestic violence to report it. Those who fail to report clear signs of domestic violence will be subject to possible punishment."

Domestic violence still remains a taboo subject in China, where culture holds that family conflicts are embarrassing private matters which should remain private.

As a result, victims of domestic violence are often too embarrassed to speak out.

Professor Li Mingshun, vice-president of the Academy of Marriage and Family Law with the China Law Society, says mandatory reporting should do a lot to ensure victims of domestic violence get the help they need.

"For these groups of people who are usually subject to domestic violence, such as minors, the mentally ill, the elderly and the disabled, by mandating schools and medical institutions to report possible violence, lots of hidden domestic violence cases can be unveiled. This will give police and community organizations time to act."

Statisticss from the All-China Women's Federation suggest around one-in-four Chinese women have suffered some form of domestic violence in their marriages.

However, only around 50-thousand cases of domestic abuse are registered, on average, every year in China.

Though domestic violence is covered under the Marriage Law and the Minor Protection Law, Li Mingshun with the China Law Society says the punishment and enforcement in those laws are weak.

"Although these laws have regulations on domestic violence, the regulations are covered under different statutes in the law, without a unified system. That's why these laws aren't very effective, and can often hold-up law enforcement. Some of the regulations lack enforcement mechanisms."

Under the proposed new legislation, victims of domestic violence will also be able to apply for restraining orders against their abusers.

The courts will be obligated to make a ruling on whether or not to grant a restraining order within 48-hours.

If granted, the courts may order the abuser to move out of the home.

The courts can also order various other measures to protect the safety of the applicant.

Those who violate the orders can be detained for up to 15-days.

(Source: CRI)