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Proposed law to curb domestic abuse

0 CommentsPrint E-mail China Daily, March 28, 2011
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The ACWF and its branches across the country receive more than 40,000 complaints about domestic violence each year, Jiang said, adding that it has always topped the list of complaints filed by women to her organization.

Statistics from the people's court of Beijing's Shunyi district showed that 25 percent of about 800 divorce cases it handled last year were related to domestic violence.

Injunctions -- court orders that require a party to do or not do certain things -- are a proven and effective way in other countries to protect victims of abuse, said Xiao Fei, a judge with Beijing's higher people's court.

An injunction can be a deterrent as it gives the police power to conduct an arrest if its terms are broken.

"It also safeguards the rights and interests of victims in divorce proceedings in terms of wealth division and child custody rights," Xiao said.

Jiang said domestic violence needs a broader legal definition. Currently, domestic violence legally does not cover divorced couples or unmarried couples living together, nor does it include sexual and mental abuse, a situation that the ACWF wants to change, she said.

The current law also puts victims at a disadvantage, according to a marriage lawyer.

It is difficult for victims to produce proof of abuse without physical injuries, such as bruises or scars, said Chen Wei, a lawyer who specializes in marriage at Beijing Yingke Law Firm.

Many Chinese people believe domestic violence is a private affair and are reluctant to intervene, she said.

"You cannot expect your neighbors to come out and tell the police that you are being abused," Chen said.

That is why the new draft law should improve the method of collecting evidence and free the victims from the burden of producing proof, Jiang said.

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