Experts Collaborate on Draft of China's New Anti-domestic Violence Law

The Legislative Affairs Office of the State Council on November 25 issued the draft of China's new anti–domestic violence law and solicited feedback from field experts, many of whom have already shared their views and opinions on the draft legislation. This represents the first time that China has developed a law specific to anti–domestic violence.

Many experts believe the new law to be a milestone in the development of China's legal system and one that will help China to employ its state strategy — governing the country according to the law — made clear at the Fourth Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing this past October. Of great importance is protecting the rights and interests of all members within the family and safeguarding people's fundamental human rights.

Chen Mingxia, a researcher of the Law Studies Research Institute of the China Academy of Social Sciences who has contributed years' worth of effort in pushing toward the creation of China's own anti–domestic violence legislation, said that the issuance of the law's draft marks a great achievement. Chen congratulated those who have been involved in pushing toward the creation of the new law, pointing out that people from all walks of life — especially those who contributed as part of women's organizations — have put forth tireless efforts throughout the entire process.

Zhou Yingjiang, professor and director of the Office of Scientific Research Management from China Women's University, said that in this draft, a system and framework for preventing and dealing with domestic violence had been built based on international experience and relevant Chinese practices. Zhou noted that the draft's chapter on how to deal with domestic violence could even serve as a practical guideline for people who are dealing with domestic-violence cases in their life.

Li Mingshun, vice director of the Marriage and Family Law Studies Association under the China Law Society, provided many comments of her own regarding the draft legislation. Li said that the draft's fourth item — which stipulated that different levels of government should be providing financial support for strengthening the anti–domestic violence measures in place within the community — hits on the key point of the undertaking.

The second point in Item 2 of the draft says that throughout the entire legal process for domestic-violence cases, the safety and privacy of victims should be well protected, and their willingness to participate actively in the process should also be considered. Li praised the section, saying that this displays the key principle of making victims' rights and interests the topmost priority.

Li also made positive remarks about other aspects and sections within the draft. For example, the second point of Item 8 stipulates that all primary and middle schools should provide education on anti–domestic violence and on its relevant laws and regulations. Item 9 stipulates that courts, public security bureaus, civil affairs bureaus and women's federations should all make anti–domestic violence projects — including the implementation of training systems and statistic systems — a part of their work. Li commented that all of these concrete stipulations have set a basic foundation for the promotion of anti–domestic violence efforts in China.

More Efforts to Be Made

Conversely, experts also pointed out that there are still more efforts to be made with regard to the new legislation and gave their own suggestions.

Regarding the legislation's own definition of domestic violence, experts suggested that the definition could be developed both by offering a theoretical definition of the concept and by providing example cases so as to ensure the inclusiveness and conceptual precision of the definition. Experts also recommended that the concept be developed using international practices as a frame of reference.

Lin Jianjun, professor at China Women's University's School of Law, suggested that the legislation's definition of domestic violence should be expanded to include all forms of violence: physical, mental, sexual and economic.

Xue Ninglan, researcher at the Law Research Institute of the China Academy of Social Sciences, suggested that the legislation should follow the practices of the international community, whereby any couple who are in a relationship or have been in a relationship once beforehand and now are separated should still be covered and protected under the anti–domestic law.

Xue added that this practice also supports the nature of anti–domestic violence, which is not a law on family but a law on society and a law on anti-discrimination. It is a law aimed at protecting the rights and interests of disadvantaged groups and on promoting the sharing and realization of equal rights.

(Source: cnwomen.com.cn/ Translated and edited by Women of China)