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Law of PRC on the Prevention and Punishment of Domestic Violence (A Draft Proposed by Expert)
Chapter One General Provisions

Article 1 Legislative Purposes and Basis

This Law is promulgated in accordance with the Constitution with a view to preventing domestic violence, protecting the rights and interests of victims of domestic violence, building and upholding an equal, amicable, and civilized marital and family relationship and promoting social harmony and stability.

Article 2 Definition of Domestic Violence

For the purpose of this Law, domestic violence refers to any of the following acts committed between members of a family:

1. Causing bodily injury to or restricting personal freedom of a victim, or threat thereof;

2. Sexual violence or other sexual acts committed on the victim against his or her will, or threat thereof;

3. Causing mental injury by means of intimidation, insult, libel or publicizing privacy;

4. Destruction of property and other acts of economic control;

5. Using legally means to force a victim to undergo abortion;

6. Abandonment;

7. Other acts of causing bodily, mental, sexual harms or property losses to the victim.

Article 3 Prohibition of All Forms of Domestic Violence

The State protects the lawful rights and interests of family members and prohibits all forms of domestic violence;

The state shall adopt necessary measures to gradually improve various anti-domestic violence systems and to eliminate all forms of domestic violence.

Article 4 An Anti-Domestic Violence Intervention Mechanism with Multi-agency Cooperation

An anti-domestic violence intervention mechanism shall be established with the government exercising unified leadership and each government department assuming its respective responsibilities, with broad participation by the society, and with multi-agency cooperation.

Article 5 Responsibility of the People's Government

People's Governments at all levels shall attach importance to and strengthen the work of prevention and punishment of domestic violence.

People's governments at or above the county level shall incorporate the anti-domestic violence work into their respective national economic and social development plans and the fund for the work shall be integrated into the fiscal budget of the governments at the corresponding level. They shall encourage and support various social forces to participate in the public interest undertakings of providing the victims of domestic violence with assistance and in other anti-domestic violence activities.

People's governments at or above the county level shall establish anti-domestic violence committees to organize, coordinate, guide and supervise relevant government departments and agencies in their work of prevention and punishment of domestic violence.

People's Governments at various levels and the relevant departments under them shall carry out anti-domestic violence work within the scope of their respective functions and duties.

Article 6 Principles of Early Intervention and Prevention First

Anti-domestic violence work shall adhere to the principles of early intervention and putting prevention first.

The perpetrators of domestic violence shall be given necessary education, correction and punishment.

Article 7 Protection of and Assistance to Victims

Timely protection and assistance shall be given to the victims of domestic violence.

The wishes of the victim shall be respected in providing such protection and assistance.

Article 8 Giving Priority to the Protection of Minor Victims

Special protection shall be given to minor victims of domestic violence.

Educational, health and social security departments and other relevant government departments shall provide educational, medical and other special assistance to minor victims of domestic violence in light of their special needs.

Article 9 Responsibility of Confidentiality

Units or persons handling a case of domestic violence shall keep confidential the personal secrets of the parties to the case.

Article 10 Mutatis Mutandis Application Provision

This Law shall apply mutatis mutandis to violence between parties who are in a dating and cohabitation relationship or who have formerly been in a spousal relationship.

Chapter Two Administrative Intervention

Article 11 Establishment of Anti-Domestic Violence Committees

People's governments at or above the county level shall establish anti-domestic violence committees. People's governments of townships, nationality townships, and towns shall appoint anti-domestic commissioners.

Members of anti-domestic violence committees shall be appointed from among government officials, experts, representatives of social organizations and people's assessors.

Article 12 Functions and Duties of Anti-Domestic Violence Committees and Anti-domestic Violence Commissioners

Anti-domestic violence committees have the following functions and duties:

1. To put forward legislative proposals on the prevention and punishment of domestic violence;

2. To coordinate and supervise the relevant organs in the implementation of anti-domestic violence laws and regulations;

3. To establish domestic violence complaint station and prevention and counseling centers under people's governments at grassroots level or within communities;

4. To coordinate anti-domestic dissemination and education work;

5. To supervise the work of protection of and assistance to victims of domestic violence;

6. To organize the psychological correction and treatment, treatment of addiction and other counseling and treatment of perpetrators of domestic violence;

7. To collect data and statistics relating to the prevention and punishment of domestic violence;

8. To perform other functions and duties provided in this Law.

Anti-domestic violence commissioners shall mainly perform the functions and duties provided in paragraphs 1, 2, 4, 5, and 7 of this Article.

Article 13 School and College Education

Administrative department for education shall supervise and guide schools and colleges in incorporating the knowledge about prevention and punishment of domestic violence into their educational and teaching plans and in carrying out dissemination of anti-domestic violence knowledge among students.

Article 14 Publicity and Education concerning the Law

Judicial administrative departments shall incorporate anti-domestic law into the plans for dissemination and education of legal knowledge so as to enhance citizens' consciousness of abiding by the law and preventing domestic violence.

State organs, social organizations, enterprises, institutions, and other entities shall carry out anti-domestic violence dissemination and education among their staff members and employees.

Article 15 Judicial Training

Public security, procuratorial, adjudicative, and judicial administrative organs shall incorporate anti-domestic violence knowledge into the in-service training of police, procurators, judges, and lawyers.

Article 16 The First Inquiry Accountability System

Public security, procuratorial and adjudicative, and judicial administrative organs shall implement the first inquiry accountability system. Whichever of them receives a report on incidence of domestic violence shall have the obligation to handle the case and notify the relevant departments; if the case is not within its jurisdiction, it shall refer the case to an organ that has jurisdiction over the case and notify the person who has reported the case.

Article 17 Receipt by a Public Security Organ of a Report on Incidents of Domestic Violence

A public security organ that receives a report on an incident of domestic violence shall accept and file the case for investigation or refer it to relevant organs for handling.

Article 18 Police Response to '110' Call

Public security organs shall incorporate domestic violence into the scope of cases acceptable by "110" crime report line, and, upon receiving a report of incident of domestic violence, shall immediately send out police or quest a public security organ that has jurisdiction over the case to send police to the scene to handle the case, to stop act of domestic violence and to protect the personal safety of the victim of domestic violence.

Public security organs shall keep a record of the reporting and receipt of the reporting of, police respond to and handling of incidents of domestic violence.

Public security organs shall, upon the request by a victim of domestic violence or according to their functions and powers, organize timely examination, evaluation and treatment of the injuries sustained by the victim as a result of being subject to domestic violence.

Article 19 Repose by the Police of Public Security Stations

Public security stations and community (village) police offices affiliated to them shall establish domestic violence complaint (reporting) stations or points, which, upon receiving a report on domestic violence incidence, shall take steps to handle the case in accordance with the relevant provisions of this Law.

Article 20 Shelters

People's governments at the county or municipal level shall established or designate shelters to provide refuge and assistance to victims of domestic violence.

Shelters for the victims of domestic violence shall be protected from unlawful search or intrusion.

People's governments at various levels shall encourage enterprises, institutions, social organizations and individuals to provide or establish shelters and other facilities for victims of domestic violence.

Article 21 Special Assistance

Educational, health, social security, judicial administrative and other relevant government departments shall provide special assistance in education, medical treatment and legal aid to victims of domestic violence and their children.

Civil affairs departments shall make appropriate arrangements for minor victims or minor eyewitnesses of domestic violence.

Article 22 Compulsory Correctional Measures

Public security organs may take compulsory correctional measures against perpetrators of domestic violence. Public health and civil affairs departments of people's governments at or above the county level shall cooperate with public security organs at the corresponding level in carrying out compulsory correctional measures.

Article 23 Compulsory Correctional Facilities

People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the actual needs of their respective administrative areas, make unified plans for the establishment of compulsory correctional facilities. Public security organs at or above the county level shall draw up concrete plans for the establishment of such facilities and submit it to the people's government at the corresponding level for approval.

The fund for the establishment and operation of compulsory correctional facilities shall be integrated into the fiscal budget of the government at the corresponding level.

Article 24 Time Period of Compulsory Correctional Treatment

The time period for compulsory correction shall be one to three months, starting from the date of entering into a correctional facility.

If a perpetrator of domestic violence commits the offence again within six months after completion of a compulsory correctional treatment, he shall, upon a decision by the public security organ that made the original decision on compulsory correctional treatment, be subjected to another period of compulsory correctional treatment. However, the total time of consecutive compulsory correctional treatment shall not exceed six months.

Article 25 Expenses of Compulsory Correctional Treatment

The expenses of compulsory correctional treatment shall be paid by the person who receives the treatment. If such person has real difficulties in paying such expenses, the expenses shall be paid by the local people's government.

Chapter Three Social Intervention

Article 26 Duties of Social Intervention

Preventing and stopping domestic violence is a common responsibility of the whole society.

Any organization or individual has the right to dissuade, stop and report acts of domestic violence.

State organs, social organizations, enterprises, institutions and other organizations shall carry out the work of prevention and punishment of domestic violence within the scope of their functions and duties.

Article 27 Function and Duties of Residents Committees and Villagers Committees

Residents committees and villagers committees shall have the following functions and duties:

1. To carry out anti-domestic violence publicity and education;

2. To accept and deal with complaints and requests for help by the victims of domestic violence and inform them of the rights they enjoy;

3. To mediate and resolve family disputes so as to preventing the occurrence of domestic violence;

4. To take timely action to dissuade and stop on-going acts of domestic violence or to report such acts to the local public security organ;

5. To refer in a timely manner the victims of domestic violence to the relevant agencies according to the wishes of such victims.

Article 28 Functions and Duties of the Work Units to Which a Victim or Perpetrator of Domestic Violence Belongs

The work units to which a victim or perpetrator of domestic violence belongs shall have the following functions and duties:

1. To take timely action to dissuade and stop on-going acts of domestic violence or to report such acts to the local public security organ;

2. To provide emergency help to victims of domestic violence belonging to the work unit upon their request.

Article 29 Functions and Duties of Trade Unions, Communist Youth Leagues, Women's Federations, Associations of Disabled Persons and other Organizations

Trade unions, Communist youth leagues, women's federations, associations of disabled persons and other organizations shall have the following functions and duties:

1. To carry out anti-domestic violence publicity and education;

2. To accept and deal with complaints of domestic violence and to inform victims of domestic violence of their rights;

3. To coordinate and supervise the relevant government departments in dealing with cases of domestic violence in a timely and just manner. The relevant government departments shall deal with such cases in accordance with law and reply any inquiry on the handling of such cases;

4. To refer in a timely manner the victims of domestic violence to the relevant agencies according to the wishes of such victims.

Article 30 Functions and Duties of Departments for Letters from and Calls by the People at Various Levels

Departments for letters from and calls by the people at various levels shall have the following functions and duties:

1. To accept and deal with complaints and requests for help by victims of domestic violence and to inform them of their rights;

2. To handle letters from and calls by victims of domestic violence and to coordinate and supervise the relevant government departments in dealing with cases of domestic violence in a timely and just manner. The relevant government departments shall deal with such cases in accordance with law and reply any inquiry about the handling of such cases.

Article 31 Functions and Duties of Education Institutions

Educational Institutions shall have the following Functions and Responsibilities:

1. To incorporate the knowledge of gender equality and anti-domestic violence into the content of courses;

2. To incorporate the knowledge of gender equality and anti-domestic violence into the training of teachers;

3. To ensure that their teaching materials promote gender equality and do not contain any content that instigates domestic violence, propagates gender discrimination, or denigrates women;

3. If an anti-domestic violence committee discovers that any teaching material contain contents that instigate domestic violence, propagate gender discrimination, or denigrate women, it shall apply to the local educational administrative department for an injunction against such teaching material;

4. If an educational institution discovers that a minor in school has been subjected to domestic violence, it shall immediately report such incident to the local anti-domestic committee or commissioner or to the local public security organ.

Article 32 Functions and Duties of Medical Institutions

Medical institutions shall have the following functions and duties:

1. If medical personnel discover that an illness or injury is the result of domestic violence, they shall, while providing timely treatment to the victim of domestic violence, keep detailed diagnostic and treatment records, preserve relevant evidence and assist public security organs in the investigation of domestic violence;

2. If a medical institution discovers in making a diagnosis and giving a treatment that a minor in school has been subject to domestic violence, it shall immediately report such incident to the local anti-domestic committee or commissioner or to the local public security organ.

Article 33 Functions and Duties of Mass Media

Mass media have the following functions and duties:

1. To carry out anti-domestic violence publicity and education;

2. To promote the idea of gender equality and refrain from instigation of domestic violence, propagation of discrimination against or denigration of women;

If an anti-domestic violence committee or commissioner discovers that any mass media contains contents that instigate domestic violence, propagate gender discrimination, or denigrate women, it shall apply to the local government department in charge of administration of new media for an injunction against such contents.

Article 34 Functions and Duties of Legal Aid and Legal Service Agencies

Legal aid and other legal service agencies shall have the following functions and duties:

1. To provide legal aid to victims of domestic violence who meet the relevant conditions;

2. In the process of providing legal services, a legal aid or other legal service agency shall refer a victim of domestic violence to other relevant organizations if the victim wishes so.

Article 35 The Role of NGOs

NGOs may establish anti-domestic violence counseling, shelter or legal aid facilities in accordance with law.

The state encourages and supports NGOs to provide assistance and services to victims of domestic violence.

Chapter Four Civil Law Intervention Measures

Section One Civil Protection Order

Article 36 Definition of Civil Protection Order

A civil protection order is an order given by a people's court in accordance with law that a perpetrator of domestic violence perform or refrain from a certain act. The purpose of such order is to stop domestic violence and protect the safety of victims of domestic violence.

Civil protection order is available in two forms: ordinary and provisional protection orders.

Article 37 Scope of Applicants

Application for civil protection order can be filed by victims of domestic violence. Other natural persons, legal persons or organizations with the knowledge of domestic violence may, with the consent of the victim of domestic violence, also file application for civil protection order.

Public security organs, people's procuratorates or anti-domestic violence committees or commissioners that have the knowledge of an incident of domestic violence shall apply for protection order on behalf of the victim of domestic violence.

Article 38 Jurisdiction

A civil protection order cases shall be under the jurisdiction of the grassroots people's court in place where the victim of domestic violence has permanent or temporary residence or where the act of domestic violence has taken place.

Where two or more people's courts at the same level have jurisdiction over a civil protection order case, the application shall be handled by the people's court that first accepted it.

Article 39 Form of Application

Application for civil protection order may be filed in written or oral forms.

In cases where a victim is exposed to immediate danger of domestic violence, public security organs, people's procuratorates, the relevant government departments or anti-domestic violence committees (commissioners) may apply for temporary protection order by telephone, telegram, facsimile, electronic texts or other means.

Article 40 Content of Application

An application for civil protection order must contain the following information:

1. The name, sex, age, work unit, and mailing address of the applicant; the title or address of a legal person or other organization and the name and position of its legal representative or responsible person;

2. The name, sex, age, work unit, residence of the person against whom the application is filed and his/her relationship with the victim;

3. Concrete request for relief and the facts of domestic violence upon which such request is based;

4. Evidence and source of evidence, name and residence of witness;

People's courts shall provide the applicant with a standard application form that meets the above requirements. In case of oral application, the people's court shall designate specialized personnel to fill in the application form, which shall be confirmed by the applicant by signing, affixing his or her seal, or pressing his or her fingerprint on it.

Article 41 Conditions for the Application

A person who is in a direct and immediate danger of being subject to domestic violence may apply for a civil protection order.

Application for civil protection order is not conditioned on the filing of a civil lawsuit.

Article 42 Application Fee

No fee shall be charged for the application of civil protection order.

Article 43 Relationship between Temporary Protection Order and Ordinary Protection Order

Before making a final decision on an application for ordinary protection order, a people's court may issue a temporary protection order upon application so as to provide timely protection to the victim of domestic violence.

A person who has applied for and granted a temporary protection order by the people's court shall be considered as having already applied for an ordinary protection order.

Article 44 Form of Trial Organization

Applications for temporary protection order may be dealt with by a single judge. Application for ordinary protection order shall be dealt with by a collegial panel.

Article 45 Time Limit for the Dealing with Application by the Court

After accepting an application for temporary protection order, a people's court shall deal with the application immediately, and issue an order within 48 hours. In emergency cases, it shall issue a temporary protection order within 24 hours.

A people's court may not delay the issuance of protection order on ground that another case between the parties is under investigation or pending.

Article 46 Principles for Handling Application for Protection Order by the Court

In examining and ascertaining facts of domestic violence, a people's court may conduct investigation and collect evidence according to its function and powers. If necessary, it may carry out separate inquiries on the victim and the perpetrators of domestic violence.

Civil protection order cases shall generally not be heard in public.

No mediation or reconciliation is allowed in civil protection order cases.

Article 47 Methods of Court Hearing

When hearing a civil protection order case, the people's court shall notify the perpetrator of domestic violence to attend the court hearing. The latter's refusal to attend the court hearing or withdrawal during the court session shall not affect the hearing of the case by the people court.

When both the perpetrator and the victim of domestic violence attend court hearing, the court may take appropriate measures to segregate the two parties.

When hearing a civil protection order case, a people's court may decide not to notify the perpetrator of domestic violence to attend the court hearing. It may also issue protection order without a hearing.

Article 48 Issuance of Ordinary Protection Order

If, after hearing a protection order case, a people's court is satisfied that the conditions for the issuance of a protection order provided in this Law have been met, it shall issue one or more of the following ordinary protection orders in accordance with the application or according to its functions and powers:

1. To prohibit the perpetrator from committing further domestic violence against the victim;

2. To prohibit the perpetrator of domestic violence from harassing the victim by telephone, letters, the internet and other means;

3. To prohibit the perpetrator of domestic violence from exercising guardianship or the right to visit over his or her minor children against who he or she has perpetrated acts of domestic violence;

4. To prohibit the perpetrator of domestic violence from entering into places where the victim works, studies or engages in other activities;

5. To prohibit the perpetrator of domestic violence from stalking the victim;

6. To prohibit the perpetrator of domestic violence from disposing of the victim's housing and other real properties;

7. To order the perpetrator of domestic violence to move out of the house or other place of residence of the victim;

8. To order the perpetrator of domestic violence to pay the victim's living expenses, medical costs or other necessary expenses for herself or for supporting his or her family members;

9. To order the perpetrator to pay the relevant lawyer's expenses;

10. Other remedies necessary for the protection of the victim or his or her specific family members.

Article 49 Issuance of Temporary Protection Order

A people's court may issue a temporary protection order in cases where the court believes that domestic violence may exist or the applicant has submitted a written pledge that proves the existence of domestic violence.

When issuing temporary protection order, a people's court may, upon request or according to its functions and powers, simultaneously issue an ordinary protection order provided for in Article 48 paragraph 1 subparagraphs 1-8.

Article 50 Service of Protection Order

A people's court shall, within 24 hours of the issuance of a protection order, service the order to the person against whom the protection order is issued, the victim, the relevant public security organ and anti-domestic violence committees (commissioners).

Anti-domestic violence committees (commissioners) shall keep a record of the protection orders issued by people's courts for future reference.

Article 51 Effect of Ordinary Protection Order

An ordinary protection order shall become effective as of the date of issuance and be valid for a period of one year.

If, before the expiration of an ordinary protection order, a people's court makes another legally effective decision relating to a part of content of the protection order, that part of the content of the protection order shall be invalidated and replaced by the new decision.

Article 52 Cancellation, Modification and Extension of Ordinary Protection Order

Before the expiration of an ordinary protection order, the party against whom the protection order is issued or the victim may apply for the cancellation, modification or extension of the order.

If a people's court decides to cancel an ordinary protection order, the order shall become invalidated as of the date of the decision.

An ordinary protection order can be extended only once for a period of up to one year.

Article 53 Effect of Temporary Protection Order

A temporary protection order shall become effective as of the time of issuance and become invalidated when the applicant withdraws the application for ordinary protection order, when a people's court, after hearing the case, issues ordinary protection order or rejects the application for ordinary protection order.

Before the expiration of a temporary protection order, a people's court may cancel or modify the order upon the request by the party against whom the temporary protection order is issued or by the victim, or according to its functions and powers.

Article 54 Consent of the Victim and Eviction Order and Stay-way Order

A protection order that requires the perpetrator move out of the victim's residence or other places where the victim lives or a protection order that prohibits the perpetrator from entering into the vicinity of the victim shall not be invalidated merely because the victim has consented when the perpetrator refused to move out or stay away from the vicinity of the victim.

Article 55 Remedy against Protection Order

If the party against whom a protection order is issued refuses to accept the order, he may apply for reconsideration of the order at the people court at the next higher level within 10 days of the receipt of the order. However, the execution of the protection order shall not be suspended during the period of reconsideration.

Execution of Protection order

Protection order that prohibits the use or disposal of or profit from real property and protection order that demands the payment of money can be used as the basis of civil execution. The victim may, in accordance with the relevant provisions of the Civil Procedure Law, apply for the execution of the protection order at the grassroots people's court that has issued the protection order. If necessary, a people's court may request a public security organ to assist the execution of such an order.

Other protection orders shall be executed by a public security organ.

Public security organs shall, in accordance with protection orders, protect the victims of domestic violence and ensure that they are able to safely enjoy their residence, motor vehicles, and other necessities for their work, education and daily life.

Article 57 Remedies against the Execution of an Order

The party against whom a protection order is issued or an interest party who considers the execution of a protection order by a public security organ or a people's court has violated the relevant laws may, in accordance with the relevant provisions of the Civil Procedure Law, raise objection at the people's court that has issued the order before the expiration of the order. If the court finds the objection tenable, it shall cancel or amend the execution that has already been carried out; if the court finds that the objection is untenable, it shall decide to dismiss the objection.

No reconsideration may be applied against the above decisions.

A victim of domestic violence may file administrative lawsuit against a public security organ whose failure to execute a protection order has resulted in personal injury to the victim. A people's court may deliver a judicial opinion to a disciplinary inspection organ or a public security organ and propose disciplinary sanctions against persons directly responsible for the non-execution of protection order.

Article 58 Compulsory Measures against Violation of Protection Order

A people's court or public security organ may, in accordance with the relevant provisions of Civil Procedure Law and in light of the seriousness of the circumstances, impose such sanctions as fine or detention on a perpetrator of domestic violence who violates a protection order.

Article 59 Recognition and Execution of Protection Orders Issued by a Foreign Court

In cases where a legally effective protection order issued by a foreign court need to be recognized and executed by a Chinese court, a party may, in accordance with the relevant provisions of the Chinese Civil Procedure Law, directly apply for the recognition and execution of the order at an intermediate people court in China that has jurisdiction over the case. The foreign court may also request a Chinese people's court to recognize and execute the order in accordance with the relevant international treated concluded by or acceded to by the People's Republic of China or with the principle of reciprocity.

If a people's court, after examination, finds that such protection order does not violate the basic principles of law, or the state sovereignty, national security or public interest of the People's Republic of China, it shall decide to recognize the legal effect of the order and issue an order for its execution. It shall not recognize or execute a foreign protection order that violates the basic principles of law, or the state sovereignty, national security or public interest of the People's Republic of China.

Section Two Special Provisions on Civil Procedure

Article 60 Bring a Lawsuit

A people's court shall accept civil lawsuit brought on ground of domestic violence.

A people's court shall apply provisions of this Law when hearing tort or divorce cases that involves domestic violence.

A people's court shall accept cases brought by victims of domestic violence for damages caused by domestic violence even if the plaintiff does not request the dissolution of marriage.

Article 61 Jurisdiction

A civil lawsuit brought on ground of domestic violence shall be under the jurisdiction of the grassroots people's court in place where the victim of domestic violence has permanent or temporary residence or where the act of domestic violence has taken place.

Article 62 Legal Representative

In a civil case involving domestic violence, if the victim is a minor, a guardian of the minor may act as his or her agent ad litem, except in case in which the guardian is the perpetrator of domestic violence.

In cases where a guardian of a minor is the perpetrator of domestic violence, a people's court shall disqualify him or her as the guardian and designate another guardian as agent ad litem of the minor in the lawsuit in accordance with the principle of the best interest of the minor.

In cases where a minor has not legal guardian, the court may designate a villagers' committee, a residents' committee, a civil affairs department, a social welfare organization, an anti-domestic violence committee or an organization for the protection of rights of minors as agent ad litem of the minor in civil proceedings.

Article 63 Trial Organization

A grassroots people's organization may set up a collegial panel or designate a specialized person to deal with cases involving domestic violence.

Article 64 Principles for Hearing a Case

In hearing civil cases involving domestic violence, a people's court may examine facts not produced by any party as evidence or carry out ex officio investigations. Cases involving domestic violence shall not be heard in public.

Article 65 Duty to Ensure Safety

A people's court shall take necessary measures to create a safe environment for the court appearance of the victim and witnesses.

In cases where there is evidence to prove that domestic violence exists and that the victim's personal safety will be endangered if he or she appears in court, a people's court may, upon the application by the victim, hold a separate hearing in which the victim may make an oral statement or allow the victim to submit a written statement.

Article 66 Duty of Notification

In civil proceedings involving domestic violence, a people's court shall notify civil affairs department to make appropriate arrangements for a minor victim of domestic violence or a minor witness of domestic violence.

Article 67 Relegation for Execution

After delivering a civil judgment on a case of domestic violence, the adjudicative organ of a people's court shall directly relegated the judgment to the enforcement organ of the same court for execution. A party to the case shall have the right to request the people's court with jurisdiction to enforce the judgment in accordance with the relevant provisions of the Civil Procedure Law.

Article 68 Judicial Assistance to the Victim of Domestic Violence

In handling a civil case involving domestic violence brought by a victim of domestic violence who is in real financial difficulties, a people's court may allow the victim to delay the payment of litigation fee, or reduce or exempt his or her litigation fee.

Chapter Three Criminal Intervention

Article 69 Detention de bene esse

Public security organs shall take an active perpetrator of domestic violence into detention de bene esse.

Article 70 Bail Pending Trial and Residential Surveillance

A people's court may, in light of the circumstance of a case involving domestic violence and the safety need of the victim, decide to issue one or more ordinary protection orders provided for in Article 48 of this Law against a criminal suspect or defendant who is allowed to obtain a guarantor pending trial or subject to residential surveillance.

The decision provided for in the preceding paragraph shall be made in writing and be serviced to all the parties to the case.

If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential surveillance or arrested.

If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstance of violation is serious, he shall be arrested.

Article 71 Jurisdiction of Court

A criminal case involving domestic violence shall be under the jurisdiction of the people's court in place where the victim has residence or where the crime is committed. Such a case may be put under the jurisdiction of the people's court in place where the defendant resides if this is more conducive to the protection of the victim.

Article 72 Non-prosecution and Exemption from Criminal Punishment

In a case where a people's procuratorate decides not to initiate prosecution, it may, in light of the circumstances of the case, reprimand the person against whom the decision of non-prosecution is made, or order him to write a statement of repentance, extend a formal apology or pay compensation to the victim.

If a people's procuratorate deems it necessary to impose administrative punishment or sanction on or to confiscate the illegal income of the person against whom a decision of non-prosecution is made, it shall refer such opinion, together with the decision of non-prosecution, to the competent organ for handling.

If a people's court decides in accordance with law that the defendant in domestic violence case be exempted from criminal punishment, it shall, in light of the circumstance of the case, reprimand the defendant, or order him to write a statement of repentance, extend a formal apology or pay compensation to the victim.

If a people's court deems it necessary to impose administrative punishment or sanction on or to confiscate the illegal income of the defendant exempted from criminal punishment, it shall refer such opinion, together with the judgment, to the competent organ for handling.

Article 73 Service of Legal Documents

In a criminal case involving domestic violence, the paper of decision for placing or not placing the case on file, the written decision of quashing the case, and the written decision of nol pros shall be serviced to the victim of the crime within 5 days of the decision.

If the victim raises objection to a decision for not placing the case on file, a written decision of quashing the case, a written decision of nol pros, a judgment or other decisions, the matter shall be dealt with in accordance with the relevant provisions of the Criminal Procedure Law.

Article 74 Contact between the Defendant and the Victim

The defendant in a privately prosecuted domestic violence case may not contact the victim without the permission from the people's court, even if the victim has not applied for a protection order.

Article 75 Norm of Conduct during Period of Probation or Parole

With regard to criminals who, as a result of being subject to extended period or severe domestic violence, have committed the crime intentional killing or intentional injury against the perpetrator of domestic violence, those who have been sentenced to fixed-term imprisonment and have served more than half of the term of the original sentence or those who have been sentenced to life imprisonment and have served not less than 10 years of the term may be granted parole if they conscientiously observe prison regulations, accept education and reform through labor, show true repentance and will no longer cause harm to society. If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.

A people's court shall issue one or more of the protection orders provided in Article 48 of this Law against a perpetrator of domestic violence who has been granted probation or parole.

If a criminal violates the provisions in the preceding paragraph during period of probation or parole, the probation or parole shall be revoked and he or she shall be put back into prison to serve the remaining part of criminal punishment.

Article 76 Duty of Anti-Domestic Violence Organizations to Supervise over Criminals Who Have Been Granted Probation or Parole

A people's court, when deciding to grant probation or parole to a person convicted of the crime of domestic violence, shall notify in writing the victim, the public security organ and anti-domestic violence organization in place where the victim resides of the decision.

Any person who is convicted of domestic violence and is granted parole shall be subject to supervision by a public security organ and the relevant anti-domestic violence organization during the period of parole. If he or she is not found in any of the circumstances prescribed in Article 86 of the Criminal Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole.

Chapter Six Evidence

Article 77 Admissibility of Evidence

Evidence in civil proceedings of a domestic violence case shall include: the records of reporting and receipt of reporting of incidents of domestic violence, police response to such reporting; written records of police interrogation, conciliation documents, written pledges, letter of guarantee, physical evidence; diagnostic and treatment records of medical institutions, medical records, and expert conclusion.

The written statements of the near relatives of the victim, shelter organizations, relief organizations, social welfare organizations, women's federations, residents' committees, villagers' committees, primary and secondary schools, kindergartens, pre-school educational organizations, other natural or legal persons, or other organizations can be used as evidence in civil proceedings of a domestic violence case.

Article 78 Admissibility of the Testimony of Minors

The testimony of a minor about domestic violence that is in conformity with his or her age, intellectual development and mental condition shall be admissible as evidence for ascertaining facts of domestic violence. When hearing the testimony of a minor, a people's court shall take appropriate measures to minimize the harms caused by such testimony.

Article 79 Admissibility of Character Evidence

The fact that a person frequently commits acts of domestic violence or that he or she has the predisposition to violent behavior can be used as evidence in civil proceedings of a domestic violence case.

Article 80 Standard of Proof

In civil proceedings of a domestic violence case, as far as the evidence produced by the plaintiff in support of his or her claim or defense is considered as convincing by a normal, rational third person, it shall be taken by the people's court as the basis for adjudication.

Article 81 Distribution and Transfer of Burden of Proof

When hearing a civil case involving domestic violence, a people's court shall take into full consideration of the hidden nature of domestic violence and the difficulties faced by female victim in collecting evidence and rationally distribute the burden of proof.

In civil proceedings of a domestic violence case, if the evidence produced by alleged victim in support of the claim of existence of domestic violence meets the requirements provided in Article 80 of this Law, the court shall inform the alleged perpetrator that he or she has the burden of producing evidence to prove that the alleged domestic violence does not exist.

Article 82 Prima Facie Proof

When hearing civil case involving domestic violence, a people's court may apply the rule of high degree of probability to presume the wrongfulness of the perpetrator of domestic violence or the causal relationship between an act of domestic violence and a given consequence.

Article 83 Principles of Ascertaining of Facts

In civil proceedings of a domestic violence case, a people's court shall examine and ascertain facts of domestic violence by taking into consideration of all the evidences in the case. A case can be decided on the basis of a single piece of evidence, if this piece of evidence has been verified to be true.

A people's court shall not deny the existence of an alleged act of domestic violence merely on ground that there exist inconsistencies in the statements made or evidences produced by the party alleging the existence of domestic violence. The court may take ex officio actions to obtain, collect or preserve evidence with a view to verifying such fact.

Article 84 Evidence with Complete Probative Force

In civil proceedings of a domestic violence case, a people's court may confirm the probative force of the following evidences produced by the alleged victim as the proof of the existence of domestic violence if the alleged perpetrator has raised objection to such evidence but is unable to produce sufficient counter-evidence:

1. Records of reporting of, receipt of reporting of, police response to and handling of domestic a violence incident;

2. Instrument of medico-legal examination;

3. Medical records;

4. Photographs, videotapes and other video-audio materials;

5. Testimony of witnesses;

6. Relevant records of residents' committees, villagers' committees, women's federations or other social organizations.

Article 85 Facts Predetermined in a Penal Sentence

In civil proceedings of a domestic violence case, a people's court may directly confirm the fact of domestic violence ascertained in a legally effective penal sentence, unless a party can produce sufficient evidence to the contrary.

The determination of facts of domestic violence in a legally effective penal judgment based on insufficient evidence shall not be directly confirmed by a people's court in civil proceedings of a domestic violence case as the proof of non-existence of domestic violence.

Article 86 Confirmation of Criminal Evidence

The fact of domestic violence determined in criminal proceedings must be verified in accordance with the relevant provisions of the Criminal Procedure Law before it can be used as the basis for deciding a case.

Article 87 Bettered Woman Syndrome

Bettered woman syndrome is a psychological state of passiveness, submission, helplessness and inability to take action to stop the violence appearing women who have been subject to cyclic domestic violence for an extended period of time.

Bettered woman syndrome can be regarded as factual circumstance or evidence for the reduction of criminal and civil responsibilities of the victim of domestic violence.

Bettered woman syndrome can be proved by written statements or oral testimony of medical and psychological experts and other specialized personnel or agencies who have contact with and understand the actual conditions of the bettered woman.

Article 88 Determination of Bettered Woman Syndrome

In a civil case in which a woman is the victim of domestic violence, a people's court shall take comprehensive consideration of the following circumstances and may make an ex officio determination that the victim of domestic violence suffers from bettered woman syndrome even if no such claim has been made the victim herself:

1. The number of times the victim has been subject to domestic violence;

2. The frequency of domestic violence;

3. The cycle period of domestic violence;

4. The current psychological and mental state of the bettered woman;

5. The intensity of domestic violence;

6. Other circumstances to be taken into consideration.

Article 89 Remedies Available to the Perpetrator Who Refuse to Accept a Determination of Bettered Woman Syndrome

A perpetrator of domestic violence who refuses to accept the determination by the people's court that the victim of domestic violence suffers from bettered woman syndrome may produce counter-evidence.

Chapter Seven Legal Responsibilities

Section One Administrative Responsibilities and the Responsibilities of Judges and Prosecutors

Article 90 Administrative Responsibilities of the Perpetrator of Domestic Violence

Anyone who intentionally causes injury to, unlawful detains or deprives by other unlawful means of the personal freedom of, insults by violent or other means, defames by fabrication, abuses, or abandons a member of his own family, if such act does not constitute a crime, shall be handled according to the Law on Public Security Administration Punishments.

A perpetrator of domestic violence who refuses to accept a decision on public security administration punishment shall first apply for administrative reconsideration at the relevant state organs. If he refuses to accept the decision of administrative reconsideration, he may bring a lawsuit at the people's court.

Article 91 Administrative Responsibilities of Public Official

If a public official who according to law has the duty to prevent and stop domestic violence neglects his duty and fails to provide a victim of domestic violence with legal assistance he or she is entitled to or to put a timely stop to acts of domestic violence in accordance with law shall be given disciplinary or administrative sanctions by his work unit or a competent government department at a higher level.

The victim of domestic violence who has suffered injury or damage as a result of neglect of duty by a public official may apply for state compensation. After paying compensation, the organ under compensatory obligations shall order the person who has committed intentional or grave mistake in the case to bear part or all of the expenses for compensation.

Article 92 Responsibilities of the People's Police

A policeman or policewoman who, in handling a domestic violence case, practices fraud, conceals facts of a case, covers up or connives at illegal and criminal activities, neglects his or her duty and fails to take timely measure to perform statutory obligations shall be given an administrative sanction in accordance with law; if a crime is constituted, he or she shall be investigated for criminal responsibility according to law.

Article 93 Responsibilities of Judges and Prosecutors

法官、检察官处理有关家庭暴力案件有下列行为尚未构成犯罪的,应当依法给予纪律处分:

A judge or a prosecutor who, in handling a case of domestic violence, has committed any of the following acts which do not constitute a crime, shall be given disciplinary sanctions in accordance with law:

1. To bend law for personal gain;

2. To conceal or falsify evidence;

3. To abuse functions and powers; and to infringe upon the legitimate rights and interests of citizens, legal persons or other organizations;

4. To neglect his or her duty so as to wrongly judge a case or to cause losses to the party concerned;

5. To intentionally delay the handling of a case so as to affect the work adversely;

6. To commit other acts in violation of law or discipline.

If conditions for state compensation have been met, the victim may apply for state compensation in accordance with law. After paying compensation, the organ under compensatory obligations shall order the judge or the prosecutor who has committed intentional or grave mistake in the case to bear part or all of the expenses for compensation.

Article 94 Administrative Responsibilities of Others with Anti-domestic Violence Duties

Medical doctors, psychotherapists, teachers and lawyers who have failed to fulfill their legally prescribed anti-domestic violence duties shall be given disciplinary or administrative sanctions by their work units in light of the actual circumstances.

Article 95 Legal Responsibilities of Organizations with Anti-domestic Violence Duties

In cases where an organization violates its legally prescribed anti-domestic violence duties resulting in serious consequences, the responsible persons of the organization or the persons held directly responsible for the violation shall be admonished or given administrative sanctions by the organization or an organization at a higher level. If the violation constitutes a crime, they shall be investigated for criminal responsibilities.

Section Two Civil Liabilities

Article 96 General Provisions

A perpetrator of domestic violence who is held liable for damages shall pay such damages with his or her private properties.

The family members of a victim who died as a result of being subject to domestic violence have the right to demand that perpetrator of the domestic violence pay the relevant costs provided for in Article 97 Paragraph 1 of this Law, as well as funeral expenses, the living expenses of the fostered, compensation for death and other reasonable expenses.

A victim who has suffered spiritual damages as a result of being subject to domestic violence shall have the right to demand for solatium for such spiritual damages.

In a case in which a victim has died as a result of being subject to domestic violence, his or her near relatives have the right to demand that the perpetrator of the domestic violence pay compensation and solatium for physical and spiritual damages and bear other civil liabilities.

Article 97 Civil Liabilities for Harms against Body, Health and Life

A victim who suffered harms to his or her bodily integrity and health as a result of being subject to domestic violence has the right to demand that the perpetrator of domestic violence stop the harmful act, bear the medical costs and nursing fee for the treatment of such harms, and pay compensation for the loss of income resulting from the loss of working time.

A victim who is disabled as a result of being subject to domestic violence shall have the right to demand that the perpetrator of domestic violence pay compensation for disability, expenses for technical aids for disabled persons, living expenses for the fostered, other necessary expenses actually incurred in the process of rehabilitation nursing and continued treatment, as well as compensation for the loss of income resulting from the loss of ability to work.

Article 98 Civil Liabilities for the Violation of the Right to Sexual Autonomy

A victim whose body, health or life has been harmed as a result of being subject to sexual violence or sexual harassment shall have the right to demand that the perpetrator of domestic violence offer an apology, pay compensation and bear other civil liabilities.

The close relatives of a victim who has died as a result of being subject to domestic violence shall have the right to demand that the perpetrator of domestic violence offer an apology, pay compensation and bear other civil liabilities.

A victim who suffers spiritual harms as a result of being subject to violation of sexual autonomy shall have the right to claim solatium from the perpetrator.

Article 99 Civil Liabilities for Infringement of Reputation, Privacy and Personal Integrity

A victim of domestic violence whose reputation, privacy, personal freedom or personal integrity has been infringed upon as a result of being subject to domestic violence shall have the right to demand that the perpetrator of domestic violence rehabilitate his or her reputation, offer apology and pay solatium for spiritual damages.

Article 100 Civil Liabilities for Encroachment of Property

A victim of domestic violence whose property has been encroached upon as a result of being subject to domestic violence shall have the right to demand that the perpetrator return the property or pay compensation if it is no longer possible to return the property.

A victim of domestic violence who has suffered damages to his or her property as a result of being subject to domestic violence shall have the right to demand that the perpetrator of domestic violence restore the property to its original condition or pay compensation for the damages.

A victim of domestic violence who suffered from other obstructions to the enjoyment of his or her property as a result of being subject to domestic violence shall have the right to demand that the perpetrator of domestic violence remove the obstructions, eliminate the dangers, pay compensation and bear other civil liabilities.

Article 101 Using Legally Means to Force a Victim to Undergo Abortion

A victim of domestic violence who is forced by illegal means to undergo abortion shall have the right to demand that the perpetrator of domestic violence offer an apology, pay compensation and bear other civil liabilities.

If the victim described in the preceding paragraph has suffered spiritual damages, she shall have the right to demand that the perpetrator pay solatium for such damages.

Article 102 Civil Liabilities for Abusing Guardianship

A guardian of a minor who abuses his or her guardianship to commit acts of domestic violence and infringe upon the lawful rights and interest of a minor shall bear civil liabilities provided for in Article 92 of this Law. Moreover, other near relatives of the minor, the work units of the minor's parents, the residents' or villagers' committee or the civil affairs department of the place where the minor resides shall have the right to request the people's court to revoke his or her guardianship.

The loss of guardianship shall not exempt a parent from his or her obligation to raise their children who are minors.

Article 103 Liability for Compensation of a Co-owner of Property

A perpetrator of domestic violence shall not be exempted from the liability for compensation on ground that jointly owned property has not been partitioned.

In a case where a perpetrator of domestic violence has joint ownership of marital or family property with his or her spouse or other members of the family and has no personal property before the partition of the jointly owned property, the perpetrator or victim of domestic violence may request a people's court to partition the jointly owned property or to prepare an obligatory document.

In a case where a partition of jointly owned property is requested, the perpetrator of domestic violence shall bear liability for compensation with his portion of property.

In a case where a request for the preparation of an obligatory document is made, the victim of domestic violence may demand the payment of compensation in the partition of jointly owned property by virtue of the obligatory document.

Article 104 Exemption or Mitigation of Liability

A victim of domestic violence who has caused bodily injury or property damages to the perpetrator of domestic violence but is found to suffer from bettered woman syndrome may be granted mitigation or exemption of her civil liabilities.

Article 105 Application of Law

A court shall apply the relevant provisions of the Tort Law in the determination of joint and several liability or the amount of compensation in a case of domestic violence.

Section Three Criminal Responsibility

Article 106 Crime of Domestic Violence

Anyone who intentionally commits following acts against a member of his or her own family causing bodily, mental and sexual harms or property damages to the latter shall be convicted of the crime of domestic violence in accordance with the relevant provisions of the Criminal Law and of this Law:

1. Intentional killing, intentional injury, illegal detention, kidnapping, coercing into prostitution, rape, insult and defamation, interference with the freedom of marriage by violence, maltreatment, abandonment, acting indecently against or insulting by violence and coercion, as provided for in the relevant provisions of the current Criminal Law.

Anyone who threatens the life or the health of a member of his or her own family shall be convicted of intentional injury or intentional killing according to the relevant provisions of the Criminal Law, but may be given a lighter or mitigated punishment or be exempted from punishment.

2. Anyone who, out of gender discrimination or other reasons, uses violence to force a woman to undergo abortion shall be convicted and punished according to the provisions on intentional injury in the Criminal Law.

Anyone who, in committing the crime provided for in the preceding paragraph, causes bodily harms to a woman shall be given a heavier punishment.

3. A husband who, during a period separation from his wife for reasons of incompatibility or during a period in which a people's court is handling a divorce case between him and his wife, uses violence, coercion of other means to have sex with his wife shall be convicted and punished in accordance with the provisions on the crime of rape in the Criminal Law.

Anyone who, in committing the crime provided in the preceding paragraph, causes bodily injury to his wife, shall be given combined punishment for several crimes in accordance with the preceding paragraph and the provisions on intentional injury in the Criminal Law.

4. Anyone who violates a protection order, if the circumstances are serious, shall be convicted and punished in accordance with the provisions in the Criminal Law on the crime of refusing to execute judgments or orders of the people's court.

Article 107 Criminal Responsibilities of Personnel with Anti-domestic Violence Duties

Anyone who has duty to prevention and punish domestic violence according to the relevant provisions of this Law, but abuses his or her power, neglects his or her duty, practices fraud, intentionally delays the handling of a case or commits other acts in violation of law or discipline, thereby causing serious harms to a victim, if the circumstances are serious and such act constitutes a crime, shall be investigated for criminal responsibilities.

Article 108 Causes for a Lighter or Mitigated Punishment or Exemption of Punishment

A person who, as a result of being subject to extended period of or severe domestic violence, has committed the crime intentional killing or intentional injury against the perpetrator of domestic violence shall, in light of the actual circumstances of the case, be given a lighter or mitigated punishment or be exempt from criminal punishment.

A victim of domestic violence who has committed the crime of intentional killing or intentional injury against the perpetrator of domestic violence but is found to suffer from bettered woman syndrome may be exempted from criminal punishment or given a mitigated criminal punishment.

Chapter Eight Supplementary Provisions

Article 109 Principles of Application

This Law shall be applicable to all acts of domestic violence committed on the territorial of the People's Republic of China.

Article 110 Detailed Rules for Implementation

The people's congress of a province, autonomous region or municipality directly under the Central Government and its standing committee may, in light of the concrete local conditions, adopt detailed rules for the implementation of this Law.

Article 111 Rule of Conflict

In a case of a conflict between any provisions relating to domestic violence in the laws adopted before coming into effect of this Law and the relevant provisions of this Law, the latter shall prevail.

Article 112 Implementation of This Law

This Law shall go into effect as of…

主办:中国社会科学院法学研究所、国际法研究所
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