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    Legislators approve China's landmark law against domestic violence(2)

    1
    2015-12-28 08:37Xinhua Editor: Gu Liping

    Only in recent years has the issue become a subject for serious public discussion, thanks to increasing public awareness and media reports on high-profile cases. In 2011 Kim Lee, wife of celebrity entrepreneur Li Yang, who founded the hugely popular English learning program "Crazy English", posted pictures of her bruised face on Sina Weibo and accused Li of domestic violence. Many people were shocked and urged Kim to use the law as a weapon.

    Li Yang's response, however, was even more shocking. He admitted to beating his wife but blamed her for breaking the Chinese tradition of not disclosing family affairs to the public. In 2013, Kim was granted a divorce, alimony and compensation by a Chinese court.

    According to the All-China Women's Federation (ACWF), nearly 25 percent of Chinese women have suffered domestic violence in their marriage. More than 40,000 complaints of domestic violence are lodged with the ACWF each year. Victims resorting to the ACWF for help are mainly women, children and the elderly, and 88.3 percent of cases received in 2014 involved abuse of wives by their husbands.

    PREVENTION AS PRINCIPLE

    In order to prevent and check abuse, the new law clarifies the responsibilities of different groups, including government, communities, schools and medical institutions. Government publicity campaigns will encourage social groups to carry out their own public education programs.

    Government departments, the judiciary, and women's associations should host training sessions on the topic and work on domestic violence related statistics.

    Medical institutions must keep records on abused while schools will get the message across to young people. The new law also obliges employers to reprimand employees over domestic violence and mediate family disputes.

    It enables individuals and organizations to prevent violence by allowing legal guardians and close relatives of victims, in addition to the victims themselves, to report abuse. Police will be obliged to step in immediately when such a report is filed.

    PERSONAL PROTECTION ORDERS

    According to the new bill, victims and those in immediate danger can file for a personal protection order that the court must grant or deny within 72 hours. In urgent cases, decisions must be made within 24 hours.

    Police, women's federations and social service organs, in addition to close relatives, will be able to apply for orders for those with no or limited civil capacity or those who cannot do so themselves as a result of physical force or threats.

    Once the order is granted, courts may prohibit the abuser from harassing, stalking or contacting the applicant and his or her close relatives, order the abuser to move out of the home, or adopt various other measures to protect the applicant.

    Should the abuser violate the protection order, they may be fined up to 1,000 yuan (155 U.S. dollars), detained for up to 15 days or face criminal charges in serious offences.

    PROTECTION FOR THE VULNERABLE

    The new law also sets out to enhance protection for particularly vulnerable groups: the critically ill, disabled people, the elderly, minors and pregnant or breastfeeding women will be entitled to special attention.

    Police must notify civil affairs departments should they find that those with no or limited civil capacity have been harmed, or are under threat and are unattended, and escort them to temporary shelters, salvage services or welfare centers, the bill read.

    It also requires social workers, in addition to doctors and teachers, to report suspected abuse cases involving those with no or limited civil capacity.

    Should they fail to do so, the workers will be held liable in cases with serious consequences along with those in charge of the institutions concerned and their superior organs.

    Police will protect the privacy of informants.

      

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