On December 27th 2015, the 12th National People’s Congress passed China’s first Domestic Violence Act and on March 1st 2016, the law came into effect. On first day of the new law, many courts received applications from victims of domestic violence, including one by the wife of the well known Rong Lanxiang.
Previous data shows that domestic violence is not uncommon. Often victims cannot escape their miserable circumstances and sometimes lack means of redress. In the past, authorities have been keen to avoid intervening in such disputes, sometimes encouraging mediation or even claiming that they cannot interfere in “family disputes.” This has contributed to domestic violence by arrogance, because the perpetrator feels that they will suffer no consequences as a result of their acts. The introduction of “Domestic Violence Act” is expected to curb domestic violence.
So, what kind of behaviour is domestic violence? Article II of the Domestic Violence Act defines domestic violence. It includes three types of behaviour:
1. Being beaten, tied up, mutilated, etc;
2. The limitation of acts of personal freedom; and
3. Frequent abuse or intimidation.
From the above definition, the scope of domestic violence encompasses much more than physical violence and also includes mental abuse.
The Domestic Violence Act, Article XIII, provides recourse for victims of domestic violence. Different entities have been empowered to assist victims, though in the short term, one imagines that the police will have the most power to make a difference.
The punishments for committing acts of domestic violence are mainly issued by the public security organs and the courts, and other relevant organizations having supervisory or enforcement of penalty duties. Punishments range from light to heavy. Punishments include: criticism and education, warnings, law and order penalties, and criminal penalties.
Two further measures can be ordered by the Courts. Whilst these can be seen as punishments for committing acts of domestic violence, thire protective aspects are more obvious. The orders they may make include, excluding one from the family home or subjecting one to an injunction/interdict to prevent harassment and other acts.
It is worth mentioning that the Domestic Violence Act clearly obliges the authorities to act. Failure by the authorities to act may result in them being held liable for such failure.
By Chris Fung & Mike Wang