WUNRN
DOMESTIC VIOLENCE IN CHINA
October 10, 2008
China's first court order on the protection of personal safety was issued by Chong'an district court in Wuxi city, Jiangsu Province, on August 6, 2008. The court order prohibited the husband Chen from beating or intimidating his wife Zhang Lifang (fake name). It is the first time a judicial protection for personal safety has been applied by the court in a civil case.
Another court order to protect personal safety was issued by Yuelu district court in Changsha city, Hunan Province, on September 24. The court ordered the police department to keep an eye on the husband and prevent him from beating or intimidating his wife.
Chinese courts have issued two court orders to protect personal safety within two months. This reflects a change in the prevention of domestic violence: from punishment afterwards to protection beforehand. This can be seen as the result of the promulgation of "Court Guidance on Cases Involving Domestic Violence in Marriage" by the Institute of Applied Laws under the supreme people's court in May.
90 Percent of the Victims of Violence Are Women
"There are generally two different kinds of breakups that involve violence. In one case, one may be threatened or beaten for raising the issue of divorce. In the other, one may ask for a divorce due to ongoing domestic violence, which may lead to greater violence," said Chen Min, a researcher at the Institute of Applied Laws under the supreme people's court.
"If you want a breakup, I will beat you to death" is how an abuser usually thinks. According to Shu Qiulu from the research department of Yuelu district court in Changsha Province, Zhang Lifang applied to divorce her husband because of his male chauvinism and relationship problems. A few days after the application, Zhang was severely beaten by her husband when she was taking a walk near her mother's home. Her husband did not leave until she called the local police. Before leaving, he threatened to beat her to death and then commit suicide afterwards. Zhang feared for her own safety.
Chen sued to divorce her husband in Chong'an district court, Wuxi city, on July 22. Chen said that her husband Xu divorced her before because she could not bear any children. They later resumed their marriage under the advice of family and friends. Chen gave birth to a baby girl afterwards. Xu began to beat Chen only half a year after she had her daughter. "We could see from the bruise on her arms that she was under constant abuse," said an employee at the local court.
Luckily for the victims in both these cases, the court has extended the protection of personal safety in such cases before the court has heard the case. Other victims of domestic violence can see hope thereof.
Domestic violence is a global issue that needs to be addressed. Domestic violence occurs in about 29.7 percent to 35.7 percent of Chinese families. More than 90 percent of the victims are women. According to a study, 35.7 percent of the women who were detained in Haidian, Fengtai, Shunyi, and Chaoyang district jails between May 10 and June 10, 2005, had been victims of domestic violence before they were taken into custody..
Difficulties in Domestic Violence Trials
Both the Marriage Law and the Law on the Protection of Rights and Interests of Women have stipulations against domestic violence. Sixty-nine local laws or regulations also discuss this issue. However, all the articles are general in principle and difficult to implement.
Domestic violence is difficult to prosecute in family and marriage lawsuits. Even if the judge is certain that domestic violence is occurring, he or she cannot rule against the abuser without the abuser's confession because "ruling out all reasonable doubt" is used as the standard in such cases.
It is difficult to collect evidence in such cases. In marriage and family cases, about 40 to 60 percent involve domestic violence. However, less than 30 percent of them are able to supply indirect evidence, including photographs, hospital records, police records or children's testimony. Witnesses seldom testify in court and only when the abuser confesses can the court rule against him. However, only 10 percent of accused abusers have confessed to violent behavior in the family.
Courts Use the "Guidance" in Marriage and Family Cases
The Institute of Applied Laws under the supreme people's court drafted a "Court Guidance on Cases Involving Domestic Violence in Marriage" to resolve some issues in judging cases involving domestic violence.
The Guidance covers a broad area, including the definition of domestic violence, the basic principles in marriage and family cases concerning domestic violence, personal safety protection measures, evidence, property division, child support, etc. While previous divorce cases focused on property, the present measures focus on protecting both people and property.
Jiang Huiling, deputy director of the Institute of Applied Laws under the supreme people's court, said that the Guidance makes domestic violence a social issue. The Guidance provides safety protection measures for victims The Guidance further issues regulations for practical conditions, checkups, judicial content, implementation and responsibilities to protect personal safety.
Many local, intermediate and supreme courts have used the Guidance as reference in cases and have cited it in their rulings.
(Source: People's Daily/Translated by womenofchina.cn)
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.