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Suggestions on Better Tackling Domestic Violence Cases
Source:Chinese Women's Research Network | Release Date:2018-3-30
Title: Suggestions on Better Tackling Domestic Violence Cases
Keyword: suggestions, tackle, domestic, violence, case

China still faces a series of problems when tackling domestic-violence cases, whilst guidelines to be issued in 2018 seek to better solve those cases by issuing new regulations.

 
The Anti-Domestic Violence Law of China took effect in March 2016. It has effectively intervened and prevented family violence, especially in cases that do not reach the level of administrative penalties.
 
The law stipulates that public security organs should issue penalties to those who carry out violence in the family and educate them to know their mistakes.
 
Meanwhile, it identifies the responsibilities of the public security organs in some important processes, such as assigning police officers to tackle family violence cases; assisting victims to be examined in hospital; helping victims to ask for shelter; and, applying for personal protection orders for victims.
 
The Ministry of Public Security urges local public security organizations to arrange police officers as soon as the relevant calls are received, forbidding them to refuse, prevaricate, or delay by labeling the cases "family issues" or "non-police activities".
 
Officials hope remaining problems will be solved in time.
 
1. The enforcement of the anti-domestic violence law is not effective in some places.
 
Some police officers at grassroots levels still hold the idea that family violence is just a household matter, so they directly transfer such cases to women's organizations with the excuse of it being a family conflict. Women's organizations have received official complaints in which many victims say police arrive late or without any record of the event. Some police stations at grassroots level do not even know the existence of the warning system or the issuing of penalties.
 
2. Negative emotions and false understandings on family-violence cases still exist.
 
Some police officers, or even some leaders in public security bureaus, still put family stability first. They worry that, if not tackled properly, it would trigger severe negative effects on family members to punish those abusers. Influenced by the traditional concept of "never breaking others' marriage", some officers are unwilling to further engage in those cases, and even in severe cases, they simply issue criticism.
 
3. The number and standard of written reprimands need to be improved.
 
There were few written reprimands issued in certain provinces, districts, and cities. The main reason is that the law and related regulations lack specific requirements on procedures of warning, reprimands' making and delivery, as well as ways of investigation.
 
4. Cooperation should be strengthened among relevant departments.
 
The anti-domestic violence campaigns have involved the cooperation of relevant departments with the public security offices playing an important role in many links. However, the current law lacks regulations on relevant departments. That has also led to the unsatisfactory phenomenon that courts, civil affairs, public security, and grassroots autonomous organizations have shirked their responsibilities onto others in some cases.
 
The practice of anti-domestic violence in China and abroad verifies that police officers play the decisive role in violence-prevention cases. In the past two years, some local public security organizations have undertaken their responsibilities actively to better regulate the disposal process and protect victims' rights.
 
The public security bureau, the provincial women's federation and the provincial high people's court in central China's Hunan province have jointly issued a regulation on implementing domestic violence reprimanding system in Hunan, for example.
 
That regulation has provided a good opportunity and practical basis for promulgation of the national-level documents on domestic violence issues. It is recommended that the Ministry of Public Security should formulate detailed implementation rules or guidelines as soon as possible. The following is suggestions about the guidelines' contents:
 
First, it is suggested that the guidelines, such as the guide on police officers' law-enforcement operations, should clearly stipulate a series of standard procedures and requirements when tackling domestic violence-related cases, such as receiving calls, arranging police, collecting evidence, implementing suitable warning systems, imposing administrative penalties, among other topics.
 
Second, the guidelines should formulate the basic model of the written reprimand for domestic violence, and incorporate it onto the police work platform, so all police can produce and file a related report through the platform directly.
 
Third, the guidelines should incorporate domestic-violence cases into the statistical system of the public security organizations as an individual subject.
 
(Women of China)
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