3rd Ld-Writethru: China Headlines: China legislates against domestic violence, law stepping in family affairs

Chinese legislators are working on a law specifically for domestic violence that highlights prevention and introduces habeas corpus, bringing traditionally silent victims under protection of law.

The bill, the country's first against domestic violence, was discussed at the National People's Congress (NPC) Standing Committee for a first reading on Monday.

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, 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.

PREVENTION AS PRINCIPLE

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.

WRIT OF HABEAS CORPUS

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 or be detained for up to 15 days.

TIMELY INTERVENTION

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

The police must act upon the report and stop violence. If the abuse is not serious, police may educate the abuser or issue an admonition letter, the draft says.

The police should present the admonition letter to the victim, the abuser and community organizations so that the latter will make follow-up visits to keep an eye on the abuser.

The letter, together with police field operation records and medical evaluation of injuries, can be evidence of domestic violence in court.

To protect minors from domestic violence, the draft says custodians may have their eligibility revoked if the violence is seriously detrimental to the rights of minors. Court will reassign custodians for the victims.

For people without or with limited capacity for civil conduct, the draft law obligates staff of secondary and primary schools, kindergartens as well as medical institutions who may deal with this group of people to report to the police once they find or suspect domestic violence against the group.

Those who fail to report will be subject to punishment, the draft reads. Endit