Experts suggest providing psychological and social services
Staff members from a judicial office in Hefei, capital of Anhui province, raise public awareness of the need to prevent domestic violence. (GE JUN / FOR CHINA DAILY)
Beijing lawyer Yu Qi was not happy, despite successfully helping a woman who experienced domestic violence bring a lawsuit for divorce last year.
"The marriage between my client and that man ended, but the harm done to her did not," said Yu, from the Suzhi Law Firm.
"Her ex-husband came to her recently and tried to force her to remarry him. After she disagreed, he assaulted her again, fracturing a bone above one of her eyes."
Meanwhile, the home of Lamu, a Tibetan livestreaming host in Sichuan province, was set on fire by her former husband on Sept 14 and the woman died 16 days later from serious burns. Before the incident, she had endured domestic violence for years, before finally securing a divorce in June.
Some perpetrators are used to solving family conflicts through violence because their parents inflicted it on them
Liu Yongting, legal specialist from China Women’s University
In April, a report issued by Equality, an NGO for women's rights established in 2014, showed that from March 1, 2016, when China's Anti-Domestic Violence Law took effect, to Dec 31 last year, 1,214 people died in such cases.
On Nov 25, the International Day for the Elimination of Violence Against Women, the Supreme People's Court, the nation's top court, said that over the past four years 5,749 personal safety protection orders, similar to restraining orders in the West, had been granted nationwide.
In addition to highlighting the significance of banning domestic violence between family members, the top court said such incidents among people outside family relationships, including divorced and unmarried couples, must be stopped and victims should be granted permission to apply for protection orders.
Yu hailed the top court's clarification of the law, but said not enough orders－which are familiar to victims of domestic violence and the public－were being granted by courts nationwide.
She is more concerned with some of the law's other measures, such as the urgent provision of shelters for victims and the compulsory reporting mechanism. "These are little-known and their impact is very limited," Yu said.
Liu Yongting, a legal specialist from China Women's University, suggested that supplementary or specific regulations be drawn up to activate these measures promptly.
"The measures were shining examples when they were put into the law, so we have an obligation to make them play a role in remedying domestic violence," she said.
According to the law, victims can apply for personal safety protection orders from courts after experiencing domestic violence, or when they face such incidents, and courts should accept their applications.
In November, Zheng Xuelin, chief judge of the top court's No 1 Civil Division, said that to reduce the possibility of further harm being caused to victims, some courts nationwide have streamlined the process for accepting applications.
Liu Min, deputy chief judge of the division, compared the orders with a "firewall" and said that after they are granted, perpetrators of domestic violence are prohibited from harassing, following or touching victims and their close relatives. They also face being moved out of accommodations shared with their relatives.
However, Yu, the Beijing lawyer, who has specialized in handling cases of domestic violence for more than a decade, said it is too difficult for clients to apply for an order, "as many courts have very strict evidence reviews in such cases".
Some of her clients had trouble proving they had experienced violence or needed urgent help, because they bore no signs of harm, she said.
Liu Min said the top court has realized this difficulty, adding that some courts are cautious in granting orders, as they fear weak evidence might lead to perpetrators launching lawsuits over damage to their reputation.
She added, "We lower the bar for the standard of evidence from victims if we find they are likely experiencing domestic violence. We call for judges to help such victims collect evidence in accordance with the law to reduce their burden of proof."
Yu backed the top court's response, but suggested that clarification was needed for government agencies supervising the implementation of orders, "otherwise, the firewall may easily fall down."
Shelters underused
According to the law, governments at county or city level can set up shelters or local relief stations to provide urgent aid and services for victims of domestic violence.
However, some experts feel that these measures do not go far enough.
Li Ying, who helped launch a family and community development and service center in Beijing's Dongcheng district, said the shelters are seldom used.
According to the All-China Women's Federation, there were more than 2,000 shelters for victims of domestic violence in 2016, but in 2015, they were used only 149 times.
Li, also a lawyer from the Beijing King & Bond Law Firm, said: "Shelters are not the first choice for victims, as many people are unaware of the protective measures. When they suffer domestic violence, most victims prefer to turn to relatives or friends, or even go to hotels."
Meanwhile, outdated management and a lack of professional services at shelters have also stopped victims from taking steps to prevent further violence, she said.
"Some shelters are in remote areas, where there are no convenience stores. Others are located in safe areas, but lack supplementary services," she added.
In Chongqing, an employee at a women's and children's activity center in the city's Beibei district, told Beijing News the center's shelter only provides a room for victims of domestic violence, but does not offer meals. As a result, its services are seldom used.
Liu, from China Women's University, said: "Providing a shelter with diversified services is the 'last straw' offered to victims by the law. However, low awareness, inadequate services and impractical application procedures have become major stumbling blocks in alleviating domestic violence."
Weakened mechanism
The law also stipulates that staff members at schools, kindergartens, medical care institutions, community committees, social service centers and welfare departments should help victims reluctant to speak about domestic violence report such incidents if they suspect or find they have been physically harmed.
Media reports said a 22-year-old woman in Dezhou, Shandong province, died last year after being abused by her husband and parents-in-law when she failed to become pregnant. She had endured violence for six months without anyone helping her by calling the police.
Even though the law states clearly that institutions have a duty to report evidence of mental or physical harm to police, "many are lagging in this regard", Li added
Liu, the legal specialist, also voiced her discontent, saying that as many workers at these institutions still regard incidents of domestic violence as civil cases, they are insensitive to related issues, let alone recognizing serious cases and offering their help.
The law states that those working for institutions will be punished if "severe consequences "result from their failure to report evidence of domestic violence to police.
However, Lyu Xiaoquan, from Beijing Qianqian Law Firm, said such a vague definition is no deterrent to employees.
More help needed
Yu, the Beijing lawyer, compares domestic violence to an illness, and thinks that both victims and perpetrators should see doctors for treatment.
"The law is just one channel where victims can find solutions. Psychological and social services are also important and may play bigger roles in helping them," she said.
Liu Yongting agreed that providing medical care and psychological help for perpetrators is necessary.
"Some perpetrators are used to solving family conflicts through violence because their parents inflicted it on them," she said.
"Harming others must attract blame and punishment, but the punishment, no matter if it be detention, a fine or more severe penalty, may not rid perpetrators of their habit, as many don't know the original source of the violence and how to solve family disputes sensibly."
Many countries and regions worldwide have stepped up efforts to help perpetrators of domestic violence stop their abuse, providing them with education and training sessions. They also offer more protection to victims and encourage them to speak out.
China is paying close attention to psychological help for perpetrators, but Liu Yongting said an insufficient number of institutions are qualified to provide such services.
To attract additional professional talent to help offer solutions to domestic disputes, she suggested that governments at all levels draft more specific rules and regulations to promote law enforcement.
"I also think there is an urgent need to introduce the protection orders, reporting mechanism and shelter services to people from all walks of life via different channels, such as short-video platforms, which will contribute to making these measures more effective," she added.
