Domestic violence, regarded traditionally as a private affair to be kept in the family, is increasingly becoming a target of protest and government action.

But it is vital that more detailed laws and regulations are made to tackle the scourge.

China does not have a specific national law covering abuse in the home. There are merely general clauses in related laws, according to Jiang Qiangui, a member of the Law Committee of the National People's Congress (NPC), the country's top legislature.

The revised Marriage Law, which was passed in 2002, outlaws domestic violence in its general provisions but does not give a clear definition of what constitutes this form of abuse.

The Law on the Protection of Women's Rights and Interests prohibits violence against women but fails to outline detailed preventative measures and does not state which government bodies are responsible.

Jiang suggests the draft of the law on public security management and punishment should include clauses aimed at halting domestic violence.

Abuse in the home

During July the Beijing-based non-governmental organization Maple Women's Psychological Counselling Centre received 523 complaints about domestic violence, with 96 per cent of the victims being women. Last year the total number of complaints reached 409.

A woman in her early 40s from a village in east China's Fujian Province spoke to hotline workers early this year, saying she had been beaten by her husband for more than 20 years.

She is a native of Sichuan in Southwest China from where she was kidnapped and sold to her husband when she was 20 years old. With two children it is almost impossible for her to leave the family.

The woman said she had complained to local government organizations many times, but found no way out of her misery. Wife beating is common in her village. No one wants to intervene in other people's family affairs.

Although some victims are well-educated professionals that could be economically independent, they tend to stay silent.

A public servant called last month saying she did not dare to ask her husband for a divorce out of fear for her child's future.

Another woman told the hotline workers that her mother absolutely refuses to allow her to divorce, saying such a divorce would be detrimental to the family's reputation. The mother said: "If you want a divorce, do it after my death."

In traditional Chinese culture, men play the dominant role in public and private life, with women expected to be subordinate.

"Social acquiescence and tolerance of domestic violence are partly a result of this mentality," said Hou Zhiming, director of the Maple Women's Psychological Counselling Centre, which was founded in 1988.

"It is imperative that an anti-domestic violence network be set up, led by governments with the participation of women's federations, law enforcement organs and communities," Hou said.

Police and prosecutors, neighborhood committees and hospital workers who offer either physical or psychological help to victims must speak out as part of a network to help protect women that suffer domestic abuse, she said.

The Beijing centre has been operating two hotlines (010-64033383, 64073800) for the past decade, and has been researching matters that affect women.

In March, the All-China Women's Federation and Mary Kay Cosmetics jointly launched a women's rights protection hotline (12338) and still another anti-domestic violence hotline (16838198).

A legal aid centre for women was also established by the federation, providing regular legal services and psychological counseling.

The federation has been receiving an increasing number of calls about domestic violence in recent years.

In 2003, the federation handled 46,114 cases nationwide roughly double the number in 2000. Among the 2003 cases 263 led to death.

So far 21 provinces, autonomous regions and municipalities have established domestic violence injury appraisal centers and 13 have established women and children protection centers.

Domestic violence includes physical, sexual and psychological abuse, and more than 90 per cent of victims are women, said Wang Xingjuan, 75, a noted researcher in this field.

"Much of the psychological damage victims suffer is not from the assault itself, but from the post-traumatic reactions of others and the aftermath," Wang said. "Some wives risk losing their shelter or living support after a divorce."

Worldwide statistics indicate one out of three women has been beaten, raped or psychologically abused by her partner.

Further regulation

To tackle discrimination against women, the NPC is revising the Law on the Protection of Women's Rights and Interests. The first draft has been submitted to the NPC's Standing Committee for discussion.

A national law covering domestic violence is urgently needed, according to Xia Yinlan from the China University of Politics and Law. So far 44 countries have introduced anti-domestic violence laws.

Laws tackling domestic violence will be discussed at the 22nd World Congress on the Law, which will be held in Beijing in early September.

"China, the host country of the congress, wants to highlight the importance of laws on marriage and family affairs by choosing family related laws as one of the 22 major topics of the congress," said Xia, who is also director of the Institute of Laws on Marriage and Family under the China Law Society.

The government made it clear in its plan for women's development for 2001-10 that violence targeted at women in any form must be prohibited.

However, there are many obstacles in the way of building a complete legal system to protect women.

Lawyers from the Law Research and Service Centre for Women under the Law School of Peking University have come across several problems when dealing with domestic violence cases.

Evidence is difficult to collect because domestic violence usually happens behind closed doors.

Without witnesses, statements from victims alone cannot be treated as evidence.

Many still treat violence as a mere family dispute, and consider it normal. Victims are often misunderstood, and usually blamed if they take their husbands to court.

Neighborhood and residents' committees usually refuse to provide information when lawyers try to collect evidence.

Some public security officers regard a husband beating his wife as an everyday occurrence, although some cities' police stations have put such cases on file for investigation in recent years.

It is very difficult for victims to secure compensation for psychological abuse. Although the revised marriage law encourages victims of domestic violence to seek civil compensation, this is easier said than done.

In the absence of regulations, non-governmental organizations have played an important role in preventing domestic violence.

A community intervention program was established in Hebei District of Tianjin Municipality in 2000 by the Maple Women's Psychological Counseling Centre with the help of the local women's federation.

Education experts have called for early and proper sex education, which will help youngsters develop the right set of values about relationships and help reduce sexual abuse and domestic violence in the future.

(China Daily August 23, 2005)