Legal experts in China have produced a draft of proposed
legislation on strengthening the power of the law to combat
domestic violence.
"We will urge some deputies to the National People's Congress (NPC) to lodge
the proposal next spring," said Chen Mingxia, deputy director of
the Chinese Marriage Law Institute under the China Law Society.
The NPC is the nation's top legislative body and convenes every
March in Beijing to decide the vital issues affecting the country.
The draft is likely to get onto the legislative agenda of the NPC
and its standing committee if over 30 NPC deputies sign it.
"We hope the draft will serve as a complement to current
legislation and offer more practical protection to victims of
domestic violence, against both women and men," said Li Mingshun,
associate professor of the Law Department of China Women's College,
and one of those involved in preparing the draft.
A
survey conducted by the All-China
Women's Federation this year reveals that domestic violence
occurs in 30 percent of China's 270 million families. In 90 percent
of the cases the victims are women.
China's Constitution, Criminal Code and other civil legislations,
including the Inheritance Law, all contain provisions to deal with
violence in the home.
However, the idea of laws specifically to address domestic violence
were not introduced until last year's amendment to the Marriage
Law. The amendment to the Marriage Law stipulates that domestic
violence is prohibited and its victims will be entitled to sue for
compensation in any divorce action.
"It is a great advance to include the investigation of domestic
violence by communities, public security departments and the
judicial bodies," Li said.
However, he contended that the amendment does not offer a clear
definition of domestic violence nor procedures to stop it.
The draft defines domestic violence as physical, emotional, mental,
sexual infringement or the infringement of the property of family
members, including a spouse, ex-spouse, parents and children. The
draft states that domestic violence shall be understood to
encompass, but not limited to, the following:
Physical violence or constraint of personal freedom;
Insult, depravation or other harm to sexual integrity and sexual
behavior that is harmful to human dignity;
Insult, slander, harassment and acts that infringe privacy,
freedom, human dignity or personal safety;
Destruction of property and actions of depriving of, reducing or
hampering the victim from having financial resources;
Illegally identifying the sex of a fetus and forced abortion. (A
preference for a male child among some husbands and families has
led to female fetuses being aborted.)
(China Daily December 3, 2002)