A survey newly conducted by
All-China Women's Federation shows that 16 percent
of Chinese women have been beaten by their spouses. Meanwhile, 14.4
percent of men admitted that they had raised hands to hit their
wives. November 25 is International Day for the Elimination of
Violence against Women.
Lawyers from the Law Research and Service Center for Women under
the Law School of Peking
University have found five difficulties in dealing with
family violence cases during the past three years of working to
provide law service for women victims.?
Evidence is difficult to collect for the public lack "knowledge"
of domestic violence. The public still treats the violence as a
family dispute, considering it a normal phenomenon. Victims cannot
be understood and are usually blamed as "heartless and faithless"
or "wicked" women when they sue their husbands for domestic
violence. Neighbors and residents' committees usually talk
evasively or even refuse to provide any information when lawyers
try to collect evidence, making victims' interests hard to
guarantee.
Judgment is difficult to make for public security officers lack
the concept of social gendering. Investigation and prosecution does
not get done in time. Some public security officers usually regard
it as normal that a husband beats his wife. Local police stations
do not put such cases in files for investigation in time and
hesitate to provide appraisal for the cases. Without appraisal,
family violence cannot be punished by law.
Domestic violence is hard to affirm and related laws and
regulations are incomplete. China has not yet had special evidence
regulations or rules for domestic violence. The violence usually
happens inside a family. Without enough witnesses, statements by
victims cannot be treated as evidence of the case. This brings
great difficulty for courts to affirm the crimes.
It is hard for victims to get compensation for mental damage.
Although the new marriage law stimulates victims of family violence
to proclaim civil compensation, it remains very difficult for
victims to get the compensation actually.
The current laws are more suited to punishment once the
perpetrators have carried out the violence. Some women victims hope
that the law will soon carry compulsory measures to act as a
preventative measure and to punish while the violence is still
going on.
(China.org.cn by Unisumoon and Daragh Moller, November 26,
2003)