China has taken a significant step forward in combating domestic violence with the release of new guidelines designed to help police more effectively prevent and address such incidents. Published on Monday, the guidelines were jointly issued by nine key institutions, including the Ministry of Public Security, the Supreme People’s Court, the Ministry of Justice, and the All-China Women’s Federation.
These comprehensive guidelines aim to clarify the procedures and conditions under which law enforcement can establish the facts of domestic violence, a process that has often been fraught with controversy and challenges in practice. By providing clear directives, the authorities hope to strengthen the legal framework and ensure that victims receive timely and effective protection.
One of the critical aspects of the new guidelines is the delineation of evidence requirements. If a perpetrator does not dispute the act of domestic violence, statements from both the perpetrator and the victim, or witness testimony, will suffice to establish the case. However, if the perpetrator denies the allegations, additional supplementary evidence is necessary. This evidence can include digital materials such as audio-visual recordings and telephone recordings that document the incident.
The guidelines list eight types of supplementary evidence to support investigations. Besides digital materials, they recognize witness testimonies from friends and neighbors, medical records from healthcare institutions, and records of complaints filed with relevant departments as valid forms of evidence. This comprehensive approach acknowledges the various ways domestic violence can be documented and reported.
In addressing penalties, the guidelines clarify the consequences for perpetrators of lesser offenses. In situations where the domestic violence incident is relatively minor and does not warrant administrative penalties like detention, police are authorized to educate and issue a verbal warning to the perpetrator or issue an admonition notice. An admonition notice can be given if the perpetrator has previously received education and a verbal warning for domestic violence acts.
The new directives also outline the responsibilities of eight sectors in combating domestic violence, including courts, education authorities, civil affairs departments, hospitals, and women’s organizations. A notable emphasis is placed on the implementation of a mandatory reporting system. Staff at schools, kindergartens, medical institutions, community centers, and social service organizations are now required to report cases of domestic violence to the police upon discovering them, ensuring that incidents are promptly addressed.
China’s anti-domestic violence law, which took effect in 2016, authorized police to issue admonition notices to perpetrators. The impact of this legislation is evident, as police across the country issued 98,000 such notices in 2023 alone. The introduction of these new guidelines represents a continued commitment by the Chinese authorities to strengthen protections for victims and to enhance the effectiveness of domestic violence interventions.
Reference(s):
China strengthens domestic violence response with new guidelines
cgtn.com
