Opinion: The Law Can Be a Steadfast Shield for Domestic Violence Victims

China is stepping up efforts to combat domestic violence with a stronger legal framework, recently exemplified by a joint opinion issued by nine central authorities, including the Ministry of Public Security and the Supreme People’s Court. This initiative focuses on reinforcing the domestic violence warning system to enhance its preventative and protective roles within households.[para. 1] Domestic violence encompasses not only physical harm but also psychological abuse and restrictions on personal freedom. Extreme cases of brutality in domestic settings have increasingly outraged the public, fueling advocacy against such actions and indicating a shift in societal norms.[para. 2]

Previously regarded as a private family matter, domestic violence is now recognized as a critical social issue, partly due to China's economic growth and the surge in awareness of women's rights. The Anti-Domestic Violence Law of 2016 marked a significant step in treating domestic violence under the rule of law. The law emphasizes the collective responsibility of the state, society, and families in combating domestic violence, but application and enforcement still face challenges.[para. 3] To address this, China has been refining its legal mechanisms, including personal safety protection orders and mandatory reporting of child abuse. These efforts coincide with a decline in domestic violence cases between 2010 and 2021, as reported in surveys.[para. 4]

Despite legal advances, changing the behavior of offenders requires more than legislation; tangible actions, such as court rulings, have a greater societal impact. For instance, recent verdicts by the Supreme People’s Court have made it clear that severe perpetrators like Xie, who murdered his wife, receive the maximum penalty. Conversely, victims like Zhao, who retaliated after enduring long-term abuse, were given lighter sentences, acknowledging the complexities of prolonged victimization. These legal decisions guide societal perceptions of domestic violence.[para. 5]

However, the domestic violence warning system still needs refinement. The latest opinion aims to address this by improving procedures and establishing clearer guidelines for police involvement, such as requiring evidence-supported notification of domestic violence.[para. 6] Additionally, while women are primarily affected, domestic violence affects a broader demographic, including the elderly, minors, and occasionally men. The core objective remains preserving individual dignity and preventing harm, embodying social justice.[para. 7]

Recognizing that domestic violence transcends private spheres and is connected to socio-economic conditions, some scholars have suggested revising the Anti-Domestic Violence Law. Strengthening this legal framework will promote a society with zero tolerance for domestic violence, ensuring the law acts as a deterrent for offenders and protection for victims.[para. 8]