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China'S 30% Families Have Domestic Violence &Nbsp, And The Legislation Is Orderly.

2011/10/20 10:47:00 35

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30% Family Violence Legislation In China

China's 30% families have family violence experts say urgent need for strong intervention in public power

Recently, Li Yang, the founder of Crazy English, once again aroused people's concern about his wife's domestic violence.

Family Violence

Attention.

While people were discussing this, a strange robbery was heard in the people's Court of Xicheng District, Beijing. In order to avoid her husband's domestic violence and get a successful divorce, the 44 year old middle-aged woman Luo Li (pseudonym) deliberately robbed a taxi driver in the downtown area for the purpose of going to prison.

"In our family, every family has domestic violence, and some women are even injured by renal failure, but no one takes it seriously."

Xiao Liu, a graduate student from Heze, Shandong, told reporters.

In order to prevent, stop, rescue and punish domestic violence, we should promote anti domestic violence at the national level.

legislation

Become the focus of our anti domestic violence work.

In July this year, the Standing Committee of the National People's Congress introduced the anti domestic violence law into the legislative work plan.

In October this year, the demonstration of anti domestic violence legislation was officially launched and is expected to be completed by the end of this year.

From the perspective of people, family violence exists universally between husband and wife, with many female victims.

So what kind of domestic violence does it contain? What is the current situation of domestic violence? What kind of assistance do domestic violence victims need to get? How to solve domestic violence?

difficult problem

The victims are not only female spouses.

Not long ago, one day, a wife of a professor in Beijing was found hanging up at home. A "38 line" on the bedroom bed caught the attention of the investigators. In the past few years, the professor was extremely indifferent to his wife, and never communicated at all. Because of the small housing area and the inability to separate, he put a big bed out of the middle and slept in the same bed.

The lawyer told reporters that his wife had been caught in a serious depression and chose to commit suicide.

Feng Yuan, the head of the network against domestic violence, believes that people have long neglected family mental violence, saying that couples are not "violent" without speaking. In fact, the consequences of mental violence are more serious than physical violence.

She believes that: "domestic violence is a family violence, including threats to use violence. Physical violence, economic violence, sexual violence and mental violence are domestic violence, which occurs between husband and wife, but also in other relationships, such as dating, unmarried cohabitation, pre marital relationship and divorce, and family service relations."

In practice, the victims of Feng Yuan are often women, including female spouses, girls, elderly women, and homemaking workers.

She told reporters that it is very necessary to take the violence of cohabitation, divorce and housekeeping into the scope of anti domestic violence and attach importance to it. Because society is less vigilant and tolerant to these types of domestic violence, the police usually do not take drastic measures to alarm and deal with such situations.

Although more than 85% of the victims of domestic violence in China are women, other victims other than women should not be overlooked.

During the process of providing public assistance to women, the Red Maple Women's psychological counseling service center has received many help lines from men, and male victims are gradually floating in the field of anti domestic violence.

In July 29th this year, the people's Court of Xiangzhou District of Zhuhai City, Guangdong Province issued a special order for personal safety protection, which was not a woman, but a man who was subjected to domestic violence in divorce proceedings.

"From a broad perspective, male victims should be included in the scope of domestic violence."

Guo Jianmei, director of the marriage and Family Law Research Association of China law society, said.

The rescue effect is not ideal.

According to the survey, 30% of the country's families have domestic violence, but in Guo Jianmei's view, this is only a conservative figure: "some of the surveyed people believe that their families do not belong to domestic violence, and some are ashamed to admit that they still believe that domestic violence is a thing of the past, and now they do not exist, so they actually reduce the proportion of the survey results."

In 1995, Guo Jianmei initiated the establishment of the Beijing zengze women's legal consulting service center, and led a dozen full-time lawyers specializing in women's legal aid and research.

Over the past 16 years, the center has received 1/5 of the consultation and cases related to domestic violence related to domestic violence. "Although the number of more than 23000 domestic violence consultation cases and more than 360 domestic violence cases seems to be few, it is only the data of one of our organizations. If it is put in the country, the total amount is very alarming."

Guo Jianmei said.

In the cases of family violence committed by Guo Jianmei, the subjects of violence are very rich. There are both rural families, senior intellectuals, military personnel, judges, policemen and lawyers. However, due to different people's different awareness of rights protection and different tolerance to violence, some people have sought to solve some problems in the early stage of violence, others have enduring extreme situations, which has led to the tragedy of "violence against violence".

A prisoner serving in Hebei women's prison was sentenced to life imprisonment by a court during a violent process, because she could not bear her husband's long-term sexual violence.

At present, the protection of domestic violence relies mainly on social assistance and legal relief.

Over the past more than 10 years, non-governmental organizations have become an important force in fighting against domestic violence. They continue to help the victims of domestic violence through hotline consultation, case lawsuits, training of police and mediators, training volunteers, project research, and promoting legislation.

Public security, procuratorate, court and other departments and organs take public power to intervene in family violence.

However, at present, no matter legal relief or social assistance, the effect is not ideal.

Some of the victims of domestic violence have not been relieved from past nightmares after their intervention in the community, but continue to get caught up in repeated domestic violence, or even worse.

Guo Jianmei told reporters that those who have inertia often only get mediation, education or warnings, almost no punishment, and often commit them again; and if the degree of violence is more serious, the victims take into account family harmony and do not want to sue themselves. Private prosecution will also be issued in the presence of evidence barriers, or in the existing law can not find the legal provisions of the perpetrators, so it is difficult to resort to the law.

Legislation on anti domestic violence law starts

Guo Jianmei believes that the lack of cultural reasons and lack of legal supervision form a law enforcement omission. Therefore, in efforts to cultivate victims' rights awareness and change their traditional concepts, public power needs to be strongly intervened.

It is gratifying to note that with the increasing attention and importance of domestic violence, legislation against domestic violence is progressively moving forward.

In the national human rights action plan (2009 to 2010), "prevention and suppression of domestic violence" has become an important part of China's human rights protection; the marriage law, the law on the protection of women's rights and interests, the law on the protection of disabled persons, and other related laws have included the contents of anti domestic violence; 28 provinces (municipalities and autonomous regions) have issued local regulations or policies to prevent and curb domestic violence, and more than 90 municipalities have formulated relevant policy documents to protect the rights and interests of women victims of domestic violence.

Not only that, the ACWF also organized relevant experts to draft a draft proposal on anti domestic violence law, providing basic preparation for national legislation.

In July 2011, the Standing Committee of the National People's Congress incorporated the anti domestic violence law into the legislative work plan.

In October this year, the demonstration of anti domestic violence legislation was officially launched and is expected to be completed by the end of this year.

The head of the all China Women's Federation's Ministry of rights and interests, who is carrying out the project argumentation, told reporters that legislation should clarify the scope of the concept of "domestic violence" and give overall consideration to such issues as cohabitation violence, sexual violence, mental violence and economic control, which are widely debated in the society.

The victims of some cases have found that although they are scarred, they are unable to prove who caused these injuries. The neighbors or family members who can testify are reluctant to say more, making the case less evidence and causing the victim to lose.

Faced with this predicament, Guo Jianmei explained that this is due to the lack of gender awareness in current legislation and no inclination to female victims.

In this regard, the all China Federation of women's rights and interests put forward that legislation should clarify the nature of domestic violence discrimination and control of power, and on this basis, set up the guiding ideology and basic principles of state against domestic violence, establish evidence rules for family violence cases, stipulate habeas corpus and civil and criminal procedure convergence mechanism, and clearly include legal responsibilities of perpetrators, law enforcement officers and social organizations involved in relief.

In addition to emphasizing the responsibility of public power to intervene in family violence, Xia Yinlan, President of the China Association of law and marriage and family law and professor of China University of Political Science and Law, also called for the establishment of a social intervention mechanism as soon as possible and the establishment of a diversified prevention system and service network.