Battling domestic violence requires more legislation
- By Chen Boyuan
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E-mail China.org.cn, January 30, 2013
Prof. Li explained that many of the abovementioned laws either mean to define social relations or are too general to address anti-domestic violence. Criminal Law, then, only applies to cases where domestic violence has reached a certain level of gravity.
"Family violence not only happened to married women; children, senior people, even men, as well as couples in same-sex marriages could all become victims of violence," he said, urging for a new law that will apply to all these cases.
But he admitted the legislation and reinforcement of the new law will be "equally as difficult as revising the existing laws."
He said the National People's Congress, the country's top legislator, has included the legislation of an anti-domestic violence law in the panel's preliminary revisions, but still failed to present a timetable when the law was likely to be adopted by the public.
Also, Chinese women's unequal status, especially in rural parts, forces them to depend on their husbands for a living. Consequently, they incline to remain silent when domestic violence happens to them.
"When they divorce, they have nowhere to go and can't make a living. That's why many rural women tend not to opt for the legal process, even in the worst situations," said Ms. Chen Min, associate research fellow with the China Institute of Applied Jurisprudence (CIAJ), a branch of China' Supreme People's Court.
Ms. Chen said the Supreme People's Court has already issued guidance on streamlining the process of cases involving domestic violence, which will seek aggravated and heavier punishment for the assailants.
"We don't advise lessening the punishment because it occurs within a family; instead, we seek heavier penalties because the damage caused by someone you know and trust is usually more serious," she said.
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