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Swift action assured in abuse cases

Victim's statement will be considered as proof, if perpetrator denies allegation

By Cao Yin | China Daily | Updated: 2024-12-11 09:09
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China has introduced new guidelines to enhance the response to domestic violence, aiming to regulate police procedures in handling complaints and streamline case processing.

The guidelines on the warning system for domestic violence were jointly issued by nine authorities, including the Ministry of Public Security, the Supreme People's Court and the All-China Women's Federation.

While the full text of the 24-article guidelines has not been released, a statement published on the ministry's website on Monday outlined specific conditions under which police can establish domestic violence cases — an area that has often sparked controversy in practice.

Under the guidelines, if a perpetrator does not dispute harming a family member, public security officials can classify the act as domestic violence based on statements from the perpetrator, the victim or witnesses.

If the perpetrator denies the allegations, police can still confirm domestic violence based on the victim's statement or witness testimony, combined with supporting evidence. This evidence can include audio or video recordings, phone messages, or text messages documenting the harm.

Additionally, testimony from friends or neighbors, medical records, or written apologies from the perpetrator is also admissible as supporting evidence.

Peng Xinlin, a law professor at Beijing Normal University, said the guidelines aim to standardize police responses, particularly in situations where evidence for filing a case is insufficient.

In China, a case — whether administrative or criminal — can only be filed if evidence meets legal standards, explained Xu Hao, a lawyer at Beijing Jingsh Law Firm.

"Many domestic abuse complaints fail to meet these requirements, which often prevents the imposition of penalties like fines or detention on perpetrators," Xu said.

The new rules address this issue by instructing police to treat complaints containing a victim's statement or witness testimony, along with one form of supporting evidence, as domestic violence cases.

"This means police can no longer dismiss such complaints as mere family disputes," Xu added.

The guidelines also emphasize preventive measures. Public security departments are instructed to educate perpetrators in minor cases of abuse and to issue formal warnings in more serious circumstances.

Du Zhihong, an associate professor of law at Southwest University, praised the use of warning notices. "They serve as a deterrent to perpetrators and provide psychological support to victims," Du told Redstar News, a media outlet in Sichuan province.

Such notices can also serve as evidence if victims seek personal safety protection orders or file for divorce due to domestic abuse, Du added.

The guidelines aim to standardize procedures for issuing these notices nationwide, making it easier for police to respond consistently. "This will help prevent and curb domestic violence more effectively while promoting equality and harmony within families," Xu noted.

The guidelines also clarify the roles of departments such as education, civil affairs and women's federations to improve coordination and efficiency in addressing domestic violence.

China has made significant strides in combating domestic violence in recent years through legislative, judicial and social measures. The Anti-Domestic Violence Law, enacted in 2016, marked a key step in these efforts.

By strengthening police protocols and emphasizing collaboration among various sectors, the new guidelines aim to further safeguard victims and promote family harmony.

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