Ask China: No tolerance to domestic violence

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Chinese courts have issued 1,830 personal safety protection orders in 21 months since the country’s Anti-Domestic Violence Law was enacted.

Nevertheless, how many applications of personal safety protection orders have been submitted?

“The victims of domestic violence (DV), the public should be advised that there is a law acting proactively in rescuing, defending and protecting whomever under the potential threat，” Li Mingshun said. Li is one of the devoted experts who worked through the establishing of the Anti-Domestic Violence Law of the People’s Republic of China.

China’s Anti-Domestic Violence Law took effect on March 1, 2016. Two years on, the Chinese community has been introduced gradually to a society where the authorities break through the excuse of using “domestic” and reach out to every single human, safeguarding people’s personal interests and rights.

“The Anti-Domestic Violence Law works on the societal level, solving how authorities and society can intervene in domestic violence, as well as defining a way to stop violent actions between family members,” Li Mingshun said. /CGTN Photo

Lily（pseudonym） used to be a DV victim who suffered three years when living with her ex-husband and ex-mother-in-law. “They shut me out and deterred me from visiting my own child,” Lily’s voice still shook months after a divorce decree issued. It seemed that the bruises and curses, which were acknowledged as evidence of her being violently treated, hurt far less than the fact that she could not hold her child in her arms.

Though she defended herself from violence, Lily failed to win over the guardianship of her child. The court made the decision since her ex-husband could financially provide for the kid.

“Merely acceptable,” Lily’s attorney Lyu Xiaoquan told CGTN. Lyu has advocated for LGBTQ and women’s rights and interests in Chinese society.

Lyu Xiaoquan is among the pioneering voices who advocate for women and LGBTQ interests and rights. / CGTN Photo

Lyu and his colleagues spared no efforts in a case eight years ago when 26-year-old Dong Shanshan was beaten to death by her husband Wang Guangyu. The tribunal failed Dong’s family and whoever wanted to help them with a sentence as the abuser got to serve six years and six months’ penal sanction under “the crime of maltreatment,” without additional penalties.

In addition to the reflection of the flawed sentence, Lyu mourned the young life he could have saved with the Anti-Domestic Violence Law that came six years late. “With a functioning anti-DV shelter, or a personal safety protection order issued, the tragedy should have got an alternative ending,” he wrote.

Lyu acknowledged the importance of the law and the guidance it laid out for society. He suggested that the whole community, as well as public security guardians, procuratorate organs and the People's Courts should be in favor of using this law to protect potential victims.

VCG Photo

Lily, among tens of thousands of DV victims who didn’t know about the law, said she instantly regained a sense of security once she stepped into the law firm. She was fortunate enough to have an acquaintance that helped her out.

“The people we can reach and aid are just among the tip of the iceberg,” said Lyu, who has been playing an active role in promoting public awareness of the Anti-Domestic Violence Law. Working with public interest programs and mental health counselling organizations, Lyu and other concerned parties are trying to help victims of domestic abuse win legal cases.

But it is far from enough, Lyu admitted. “Now that we have this law enacted, I think more public organs can get involved. The government has the impact that we didn’t have to connect stakeholders and branches. The authorities hold the key to establishing a more effective system with existing public resources.”

“Repetitive abusive actions in a marriage works in a feedback loop: the perpetrators would try to make up for their actions, while the victims would enjoy a short ‘honeymoon phase.’ Victims who suffer from long-term abuse may even purposely aggravate the abuser in order to get to this ‘honeymoon phase,’ where they have short-term respite from violence,” Hou Zhiming, vice director of Maple Women’s Psychological Counseling Center said. /CGTN Photo

Maple Women’s Psychological Counseling Center (MWPCCB) is among the resources that have been the salvation to many female victims for over two decades. It also assisted in the creation of the country’s Anti-Domestic Violence Law, providing case studies, data analysis and suggestions throughout the drafting of the bill.

Data via Supreme People’s Court of China. / CGTN

China has consulted relevant legal experts as well as public interest groups to further enhance the legal protections for domestic abuse victims. The Anti-Domestic Violence Law is one of the great achievements of such efforts.

Special thanks to

- Mr. Lyu Xiaoquan, Ms. Liu Xia, Ms. Hou Zhiming and Mr. Li Mingshun, who kindly accepted our interviews. Special thanks to Beijing Qianqian Law Firm, Justice4Her Project by RNW Media, Maple Women’s Psychological Counseling Center and organizations that kindly provided data and support.

We really appreciate that

- Lily and her friend would like to step up and share their stories to the rest of us. We hold sincere and genuine in our wishes to them for a peaceful and joyful life ahead.