Department Helps Victims Better Understand How to Obtain Evidence

ByGu Wentong January 5, 2022

China's Law Against Domestic Violence took effect on March 1, 2016. The legislation, the first of its kind in the country, marked a milestone in the development of China's legal system, in the progress of protecting Chinese citizens' rights, and in the promotion of women and children's development.

In accordance with the law, "domestic violence" includes acts that inflict physical or mental harm or suffering on a family member. To help victims of domestic violence better protect their legal rights and interests, the Legal Department of the All-China Women's Federation (ACWF) recently promulgated the Guidelines on Evidence Collection for Victims of Domestic Violence.

The guidelines contain regulations on obtaining evidence of perpetrators' violent behavior, including public security agencies' records of handling cases involving domestic violence, warnings to perpetrators of violence issued by the agencies, and the records of injury identification for the victims (provided by hospitals and/or injury and disability identification agencies); records of mediating disputes between perpetrators and victims, provided by local village (or neighborhood) committees, women's federations and/or other organizations (in the regions where the victims live); audio and/or video recordings of perpetrators' violent behavior; witnesses' testimonies; and, victims' statements.

The guidelines contain regulations on obtaining evidence of threats of domestic violence . For example, one may use records of phone calls, short messages, online chats and emails (between victim and perpetrator) as evidence.

 

(Women of China English Monthly December 2021 issue)

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