CHINA TOPIX

03/28/2024 03:25:59 pm

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China Passes First Law Against Domestic Violence

Photo of a women who suffered from a brutal violence from her husband

(Photo : Getty Image) Xia Hongyu loss her right eye after her husband reportedly dug it out using a screwdriver. A form of domestic violence that needs immediate attention.

China on Sunday ratified its first law against domestic violence, an issue that has long been obtaining in Chinese society but almost always thrust in the shadows lest it brings shame upon the family. 

Majority of votes from the legislature favored the new bill during the National People's Congress Standing Committee's week-long bimonthly session.

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"The country prohibits any form of domestic violence," the new law stated, as it finally gave a legal, formal definition of what constitutes domestic violence.

The provisions do not permit any form of spousal abuse, whether they be physical or psychological, and has integrated steps for obtaining restraining orders against abusive partners.

The new law now states that victims, or those whose lives are in danger, can obtain a personal protection order that the courts either deny or approve within 72 hours, or within 24 hours for urgent scenarios.

Other than the victims' kin, police, women's organizations and social service agencies can represent those without or with limited civil capacity and those threatened.

Once the protection order has been granted, the court may forbid abuser from further harassing, stalking or contacting the victim and their family. The order may also command the abuser to leave the house or implement other measures that prioritize the safety of the victim.

Non-compliance to the rules is punishable with a 1000 yuan fine, 15-day detention or criminal charges with grave consequences.

According to All-China Women's Federation, the are only about 40,000 complaints filed annually, but nearly a quarter of all Chinese women have actually been victims of domestic violence in their marriage. Of these lodged complaints, around 88 percent involves women as victims.

The law further protects couples who cohabit. However, when asked if this also covers gay couples, legislative affairs commission's member Guo Linma pointed out that they have not yet encountered any cases of domestic violence involving same-sex couples, and that "cohabitation" as defined in the new law technically does not include the gay demographic.

"There are a lot of examples of domestic violence between family members, and also between people who cohabit," Guo said. "As for homosexuals in our country, we have not yet discovered this form of violence, so to give you a certain answer, it can be said that people who cohabit does not include homosexuals."

Over the past few years, China's LGBT community has increasing opened up about their unique sexual preferences despite knowing that homosexuality is not generally accepted in the country and among its traditionally conservative society.

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