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UPDATED: February 10, 2010 NO. 6 FEBRUARY 11, 2010
Stopping the Violence
Advocates call for new domestic violence law in China
By YIN PUMIN
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Nine student societies from the universities formed the union with help from the Anti-Domestic Violence Network (ADVN) of the China Law Society, an NGO founded in 2000 to protect women's rights.

"A quarter of my student clients come to me with post-breakup concerns," said Wang Jing, a psychological counselor at the China Women's University, who receives around 70 female student clients every term. "Though they are not necessarily hurt physically, the emotional damage they suffer has a huge impact on their daily lives."

"We hope this union will help more universities to offer better gender education to college students and reduce the number of potential domestic violence cases in the future," said Liu Xiaojuan, an ADVN official.

Legal improvements needed

"In traditional Chinese society, men played the dominant role inside as well outside the house, and women were expected to be their subordinates," said Maple Center Director Hou Zhiming. "As a result, domestic violence was hushed up or even tolerated."

A report released by the Beijing Chongwen District Court on January 20, 2010, said that almost all plaintiffs in domestic violence cases are female and most are unaware of the need to provide evidence.

"All plaintiffs complained that they suffered from family violence, but seldom kept evidence or asked the police for help," it noted.

Educating female victims to break their silence is as important as asking men to stop the violence, said Li Mingshun, an expert with the Gender and Law Researching Center under the Chinese Academy of Social Sciences.

Hong Daode, a China University of Political Science and Law professor, suggested that communities, police, medical services, families and individuals should work together to prevent domestic violence and provide effective evidence.

In September 2008, seven agencies issued a statement urging police to respond to domestic violence calls they receive on the emergency hotline.

But lacking a specific law on domestic violence made police reluctant to deal with so-called family affairs, said Xia Yinlan, another China University of Political Science and Law professor.

The first legal definition of domestic violence in China was created in 2001, when the amended Marriage Law defined it as "an act involving beating, tying-up, mutilation and forced restriction of personal freedom, which causes a family member physical or mental harm."

"But even that definition is far from perfect because it lacks clarity on enforcement," Xia said.

Since there is no specific law on domestic violence, such cases are dealt with under broader women's rights and anti-violence rules such as the 1992 Law on the Protection of Rights and Interests of Women and the Criminal Law, which cover deliberate injury caused within families and carry weaker punishments.

"A combination of lack of knowledge about domestic violence and weak law enforcement has forced victims to sometimes turn to desperate measures," said researcher Chen Min of the Supreme People's Court. More than half of the women imprisoned in recent years are domestic violence victims who took revenge on their abusers.

With such a serious discrepancy, the ACWF-drafted law on the prevention and control of domestic violence was put on the table.

"I hope the draft law will be included in China's legislative program as soon as possible," Jiang said.

"The elimination of domestic violence requires efforts from the whole society," said Chen Benjian, Director of the ADVN.

ACWF's draft requires cooperation between public security, procuratorate, justice and health departments as well as communities, NGOs, families and individuals. It also stipulates the responsibilities of each.

According to Jiang, several civil affairs departments have set up shelters for women over recent years, and some women's organizations and health departments have created domestic violence injury identification centers.

Twenty-five provinces, municipalities and autonomous regions have already introduced regulations combating domestic violence, largely due to efforts by local women's NGOs and federations.

NGOs have also played an important role in setting up the network of shelters across the country, Chen said. One such example is Xuzhou's pilot program in Jiangsu Province, which is funded by the Ministry of Civil Affairs, the China Gender Facility and the United Nations' Theme Group on Gender.

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