China Outlines Its First Domestic Violence Law: Will It Finally Changes The Way The Nation Handles Abuse?

By Staff Reporter | Nov 26, 2014 06:56 PM EST

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For the first time, China finally outlined its national domestic violence law. Physical and sexual abuse has long been sidelined as a private matter in the Chinese country. According to the state media, almost 40 percent who are married or in a relationship have suffered abuse.

The new domestic violence law drafted by China was praised by activists as the nation's major step towards change. The bill defines abuse for the first time and offers clear guidance on restraining orders. As reported by BBC News, domestic abuse has long been seen as a private concern regardless of the scale of the issue.

In 2001, China considered physical abuse as a ground for divorce after two decades that the marriage law excluded abuse as a ground for separation. Though beating another person is technically illegal, the abuse of your spouse or child is perceived as a household rather than a societal issue. Time reported that in China, there is no national law prohibiting domestic violence.

However on Tuesday, the ruling Communist Party of China broke its silence over the issue. After more than ten years that women's rights activists and survivors of abuse have pushed for a law against domestic violence, the Chinese government finally drafted and published its first national family violence law.

While the first China's domestic violence law is just a draft and far from comprehensive, advocates called it as a needed and significant step.

"Over the years, we've many times felt powerless ourselves to help victims," said Hou Zhiming, a veteran women's rights advocate who heads the Maple Women's Psychological Counselling Centre in Beijing. "If this law is actually enacted - because the issuing of a draft means it will now enter the law-making process - we will be very pleased."

She also added that finally there is a movement on China's domestic violence law. However, The Guardian reported that the draft released by the China's State Council Legislative Affairs Office on Tuesday, excludes unmarried and divorced couples and falls short in some other areas.  

Currently, activists said there is little protection available if a partner threatens violence against a victim who tries to leave. And restraining orders are seldom issued in China and shelters are almost non-existent. Experts also stated that it is rare for domestic violence laws to require victims to undertake a lawsuit to obtain or maintain a restraining order.

Meanwhile, for China's domestic violence law to mean something, the citizens' attitudes towards abuse must change as well. And organizing a government response to family violence can definitely make a significant difference.

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