China's first law targeting violence within the home has now come into force, outlining a new approach to spousal and partner abuse and challenging traditional notions about family values.?
As China's first national law against domestic violence comes into force, legal professionals across the country are predicting a sharp decline in the number of cases of spousal and partner abuse.
"Domestic violence won't stop until offenders see the actual punishments when the law comes into force (on Tuesday)," said Wang Xinliang, a lawyer with the Shandong Xinliang Law Firm, who added that the message will really be driven home when restraining orders and warnings are issued.
The legislation, the second and final draft of which was approved by the State legislature in late December, has been hailed as a milestone in the movement to protect women from physical and psychological abuse at home.
"The new law signals huge progress in the move to eradicate the harm and fear that results from domestic violence," said Li Mingshun, a professor of law at the China Women's University in Beijing.
Xue Ninglan, a researcher at the Chinese Academy of Social Sciences, said the legislators have adopted a number of unusual tactics. "Some articles in the law emphasize the prevention of domestic violence within the context of society as a whole. For instance, one of the stipulations is that employers will be responsible for promoting the message in the workplace, which is a very creative measure." he said.
Keeping it in the family
Domestic violence has long been regarded as a private matter in China, as demonstrated by the old maxims: "Impartial judges find it difficult to resolve domestic disputes", and "Couples fall in and out in one bed".
"The law prohibits 'all forms of domestic violence'. That underlines China's condemnation of abuse and clarifies that it is not a private matter, but a public hazard. The law states that domestic violence is not just abuse within the family, but also illegal behavior that violates the human rights of family members," said Li, who is also deputy head of the marriage and family board at the China Law Society.
According to Wang, the law needed to be clarified to provide the courts and legal experts with a clear definition of domestic violence. "In traditional Chinese culture, family problems are resolved within the home and outsiders had better keep their noses out," he said.
"For example, a woman calls the police because a man is beating her on the street. If they are not acquainted, the man will be fined or locked up, depending on the injuries the women sustained. However, if they are husband and wife and the police become involved, the husband will often tell the officers, 'I am beating my wife, so it's none of your business.' In a scenario such as this, the police will usually respond by warning the husband about his violent behavior, but until now there were no legal grounds to force him to stop," Wang added.
Huang Ermei, a judge at the Supreme People's Court, said the old attitudes are changing. "Traditional thought is deeply rooted. Although people are gradually beginning to realize that it is right for members of the public to intervene if they witness domestic violence, that right is generally regarded as limited because of concerns about privacy, which are traditional but misguided," she said, adding that data and case studies indicate that members of the public rarely intervene in "family matters". "The reality isn't like that," she said.
Privacy concerns and the concealment of offenses by victims mean the number of cases brought before the courts has always been low, and the number of women seeking help, reporting violence to the police or filing lawsuits is far lower than the actual number of incidents.
"A considerable number of victims are still reluctant, fearful and unable to use the law to protect their rights," Huang said.
Between 2008 and 2014, the courts issued more than 5,000 restraining orders to perpetrators of domestic violence nationwide. "Although that represented a breakthrough, the number was disproportionately low, given what we know about domestic violence," she added.
According to a 2010 survey conducted by the All-China Women's Federation, which has campaigned against domestic violence for many years, nearly 25 percent of Chinese women have been subjected to violence in the home, yet the federation said it receives just 40,000 to 50,000 complaints a year. In 2014, the total female population was estimated to be 667 million.
Many victims are too frightened to speak out, according to Jiang Yue'e, vice-president of the China Association of Marriage and Family.
