China Drafts its First Domestic Violence Law

By Staff Reporter - 26 Nov '14 11:05AM
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In a bid to fight domestic abuse and raise awareness on the issue, the Chinese government has drafted its first national law on family violence Tuesday.

Earlier, incidents of domestic abuse used to be sidelined as private matter, but the new law has for the first time formally defined domestic violence. It allows social organizations and individuals to dissuade, prevent and report physical as well as psychological torture from the victim's family.

The Chinese government consulted the public for their feedback on the draft, published by the legislative affairs office of the State Council.

"Over the years, we've many times felt powerless ourselves to help victims. If this law is actually enacted -- because the issuing of a draft means it will now enter the law-making process -- we will be very pleased. At the very least, there's finally movement on this law," said Hou Zhiming, a veteran women's rights advocate who heads the Maple Women's Psychological Counselling Centre in Beijing.

Zhiming's centre is one of China's longest-running anti-domestic violence organisations.

According to the law, once a report is filed, police will intervene immediately and victims will be allowed to ask for special restrictive measures against their abusers such as restraining orders. The abusers will be given written reprimands in minor cases or face criminal charges in serious cases, Want China Times reports.

Although there are some national laws and regulations that refer to the issue like the Marriage law, the Law on protection of Minors and the Law on the Protection of the Rights and Interests of Women, China doesn't really have any specific law pertaining to family or domestic abuse as yet.

In fact, two decades ago, a woman was not allowed to file for divorce in China on grounds of physical abuse. In 2001, the Marriage Law was amended and for the first time domestic violence was explicitly banned in the country, Digital Journal reports.

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