中国首部反家暴法今起实施

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　　More than 90-percent of the reported cases involve the abuse of women, children and the elderly.

　　One-in-four Chinese women have suffered violence in their marriage.

　　Traditionally considered an embarrassing private matter in China, domestic violence is still an issue which remains¹ taboo² to talk about.

　　Li Mingshun with China's Marriage Law Society says given the situation, a specialized³ anti-domestic violence law is urgently needed.

　　中国首部反家暴法今起实施

　　"There had been laws on family abuse in China, but none of them were specialized. References to the issue were included in several different laws and regulations. However, none were put into a unified⁴ system, making most of them hard to enforce."The new law defines domestic violence as both physical and psychological harm inflicted⁵ between family members, including beatings, injuries, restraint or forcible limits on physical liberties, as well as recurring⁶ verbal threats and abuse.

　　Victims and those under immediate⁷ danger from domestic violence can file for a personal protection order.

　　The courts have to decide within 72 hours whether to issue the injunction.

　　If authorities decide the case is urgent, the courts are obliged to render a decision within a day.

　　Chen Jialin with the National People's Congress Legal Affairs Committee says the new law is much more practical than previous attempts at stemming domestic violence.

　　"The law contains some practical measures against domestic violence. Police are required to issue restraining orders in severe cases, while victims can also apply for protection from the local courts. Measures like these are expected to prevent violence from taking place or getting worse. This is why this law as made."Chen Jialin says the new law also has a focus on protecting minors⁸.

　　"Since researchers have proved that domestic violence is a learned trait within a family, the law has multiple measures, such as a compulsory⁹ reporting system, to reduce the impact of family violence on children. Law enforcers can decide not to intervene if the domestic dispute is strictly¹⁰ between adults. But if there is abuse of a child, police have a legal duty to report the case after they discover it."Under the new law, police, women's federations¹¹ and social service organizations, as well as close relatives, are able to apply for orders for those with no or limited capacity to help themselves, such as young children or the elderly.

　　Once the order is granted, the courts can order the abuser to move out of the home, or adopt various other measures to protect the safety of the victim.

　　The orders can last a maximum of six months and can be revoked¹² or extended based on the situation.

　　Anyone who violates the protection order can face fines of 1-thousand yuan, as well as 15 days detention¹³.

　　They can also face criminal charges in more serious offences.

　　For CRI, this is Li Jianhua.

 

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