The Anti-Domestic Violence Law of the the People's Republic of China of China (full text attached) was adopted at the 18th meeting of the Standing Committee of the 12th National People's Congress on December 27, 2015 and will come into force on March 1, 2016. This is the first anti-domestic violence law enacted in our country.

　　The anti-domestic violence law has established a multi-sectoral and multi-agency anti-domestic violence mechanism. It is clear that anti-domestic violence is the common responsibility of the state, society and family, and specifically stipulates the responsibilities of government departments, judicial organs, people's organizations, social organizations, neighborhood committees, village committees, medical institutions, education departments, media, enterprises and institutions, and social institutions in anti-domestic violence work. Anti-domestic violence work is not the business of a certain organization, but the common responsibility of the whole society.

　　From the legal consciousness, we should remove the misconceptions such as "beating one's wife is beyond the control of others", "beating one's own children is the right of parents", "maltreatment of the elderly is a housework" and so on. It is clear that domestic violence is not a household matter, but an illegal or even criminal act.

　　Seven highlights of the the People's Republic of China Domestic Violence Act

Highlight 1: It is clear that domestic violence includes physical and mental violations, and it is also applicable to people living together other than family members.

　　Article 2 stipulates that domestic violence refers to physical and mental violations committed by family members by beating, binding, mutilating, restricting personal freedom, and frequent abuse and intimidation.

　　Article 37 provides that acts of violence committed between persons living together other than family members shall be implemented with reference to the provisions of this Law.

　　Highlight two: emphasis on prevention, respect for the true will of the victims, special protection and other five principles.

　　The law against domestic violence defines five principles for the prevention and suppression of domestic violence. That is, the principle of zero tolerance for domestic violence; the principle of joint responsibility; the principle of prevention first, the principle of combining education, correction and punishment; the principle of special protection; respect for the wishes of victims and the principle of protecting the privacy of the parties.

　　The objects of special protection are minors, the elderly, the disabled, pregnant and lactating women, and seriously ill patients. Especially the protection of children is very important.

　　Highlight three: mandatory reporting system.

　　Article 14 stipulates that schools, kindergartens, medical institutions, neighborhood committees, village committees, social work service agencies, relief management agencies, welfare agencies and their staff, if they find that persons with no or limited capacity for civil conduct have suffered or are suspected of suffering domestic violence in their work, they shall promptly report the case to the public security organ. In other words, reporting to the public security organs is the responsibility and obligation of the above-mentioned institutions and personnel.

　　Highlight four: warning system.

After receiving a report of domestic violence, the public security organ shall promptly call the police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and identifying the injury.

　　If the circumstances of domestic violence are minor and cannot be punished by public security administration, the public security organ shall criticize and educate the perpetrator or issue a warning letter.

　　At the same time, it also clarifies the evidence function of the warning book. Article 20 stipulates that when hearing cases involving domestic violence, the people's court may determine the facts of domestic violence on the basis of evidence such as police records, warning letters, and injury appraisal opinions of public security organs.

　　Highlight five: personal safety protection order system.

In addition to the emphasis on prevention, one of the highlights of the anti-domestic violence law is the special chapter that stipulates personal safety protection orders. It is clear that "if the party concerned applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it."

　　Different from the previous practice, the "Anti-Domestic Violence Law" clarifies that the applicant for a personal safety protection order is no longer dependent on other lawsuits and can apply separately.

　　There are regular protection orders and emergency protection orders. The contents of the protection order include prohibition of domestic violence, prohibition of harassment, prohibition of stalking, prohibition of contact, order to move out, etc., and other measures.

　　The personal safety protection order shall be executed by the people's court, and the public security organ, the residents' committee, the villagers' committee, etc. shall assist in the execution.

　　If the respondent violates the personal safety protection order, the court shall admonish him and, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detention for not more than 15 days. If a crime is committed, criminal responsibility will also be pursued in accordance with the law.

　　Highlight six: emergency asylum system.

If a person with no capacity for civil conduct or limited capacity for civil conduct suffers serious physical injury, faces a threat to personal safety, or is in a dangerous state such as being unattended due to domestic violence, the public security organ shall notify and assist the civil affairs department to place him in a temporary shelter, rescue management agency or welfare agency.

　　The people's government at the county level or at the city level divided into districts may set up temporary shelters alone or relying on relief management agencies to provide temporary living assistance to victims of domestic violence.

　　Highlight seven: the withdrawal of guardianship system.

If a guardian commits domestic violence and seriously infringes upon the legitimate rights and interests of the ward, the people's court may, on the application of the guardian's close relatives, neighborhood committees, village committees, civil affairs departments and other relevant personnel or units, revoke the guardian's qualification according to law and appoint another guardian. Moreover, the offender who has been revoked as a guardian shall continue to bear the corresponding maintenance, maintenance and maintenance expenses.

The People's Republic of China Anti-Domestic Violence Act (full text)

Chapter I General Provisions

　　Article 1  This Law is enacted to prevent and stop domestic violence, protect the legitimate rights and interests of family members, maintain equal, harmonious and civilized family relations, and promote family harmony and social stability.

　　Article 2  The term "domestic violence" as mentioned in this Law refers to physical and mental violations committed by family members by means of beating, binding, mutilating, restricting personal freedom, and frequent verbal abuse and intimidation.

　　Article 3  Family members should help each other, love each other, live in harmony and fulfill family obligations.

　　Anti-domestic violence is the common responsibility of the state, society and every family.

　　The State prohibits any form of domestic violence.

　　Article 4  The organs of the people's governments at or above the county level responsible for the work of women and children shall be responsible for organizing, coordinating, guiding and urging the relevant departments to do a good job in the anti-domestic violence work.

　　The relevant departments of the people's governments at or above the county level, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and institutions shall, in accordance with the provisions of this Law and relevant laws, do a good job in the work against domestic violence.

　　People's governments at all levels shall provide necessary financial guarantees for anti-domestic violence work.

　　Article 5  Anti-domestic violence work follows the principle of giving priority to prevention and combining education, correction and punishment.

　　Anti-domestic violence work should respect the true will of the victims and protect the privacy of the parties.

　　Minors, the elderly, the disabled, pregnant and lactating women, and seriously ill patients who suffer from domestic violence shall be given special protection.

Chapter II Prevention of Domestic Violence

　　Article 6  The State carries out publicity and education on family virtues, popularizes knowledge of anti-domestic violence and enhances citizens' awareness of anti-domestic violence.

　　Trade unions, communist youth leagues, women's federations and disabled persons' federations shall, within the scope of their respective work, organize and carry out publicity and education on family virtues and anti-domestic violence.

　　Radio, television, newspapers, and the Internet should carry out family virtues and anti-domestic violence propaganda.

　　Schools and kindergartens shall carry out education on family virtues and anti-domestic violence.

　　Article 7  The relevant departments of the people's governments at or above the county level, judicial organs and women's federations shall incorporate the prevention and suppression of domestic violence into their professional training and statistical work.

　　Medical institutions shall make good records of the diagnosis and treatment of victims of domestic violence.

　　Article 8  Township people's governments and sub-district offices shall organize and carry out domestic violence prevention work, and residents' committees, villagers' committees, and social work service agencies shall cooperate and assist.

　　Article 9  People's governments at all levels shall support social work service agencies and other social organizations to provide services such as mental health consultation, family relationship guidance, and domestic violence prevention education.

　　Article 10  People's mediation organizations shall mediate family disputes in accordance with the law to prevent and reduce the occurrence of domestic violence.

　　Article 11  If an employer discovers that its personnel have domestic violence, it shall give criticism and education, and do a good job in mediating and resolving family conflicts.

　　Article 12  Guardians of minors shall conduct family education in a civilized manner, perform their duties of guardianship and education in accordance with the law, and shall not commit domestic violence.

Chapter III Handling of Domestic Violence

　　Article 13  Victims of domestic violence and their legal representatives and close relatives may complain, report or seek help from the perpetrator or the victim's unit, neighborhood committee, villagers' committee, women's federation and other units. Relevant units shall provide assistance and treatment after receiving complaints, reports or requests for help from domestic violence.

　　Victims of domestic violence and their legal representatives and close relatives may also report the case to the public security organs or file a lawsuit in the people's court according to law.

　　Units and individuals have the right to promptly dissuade acts of domestic violence that are occurring.

　　Article 14  Schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff find that persons with no capacity for civil conduct or persons with limited capacity for civil conduct have suffered or are suspected of suffering from domestic violence in their work, they shall promptly report the case to the public security organ. The public security organ shall keep confidential the information of the informant.

　　Article 15  After receiving a report of domestic violence, the public security organ shall promptly call the police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and identifying the injury.

　　If a person with no capacity for civil conduct or limited capacity for civil conduct suffers serious physical injury, faces a threat to personal safety, or is in a dangerous state such as being unattended due to domestic violence, the public security organ shall notify and assist the civil affairs department to place him in a temporary shelter, rescue management agency or welfare agency.

　　Article 16  If the circumstances of domestic violence are relatively minor and no punishment for public security administration is given according to law, the public security organ shall criticize and educate the perpetrator or issue a warning letter.

　　The warning letter should include the identity information of the perpetrator, the factual statement of domestic violence, and the prohibition of domestic violence by the perpetrator.

　　Article 17  The public security organ shall send the warning to the perpetrator and the victim, and notify the residents' committee and the villagers' committee.

　　Residents' committees, villagers' committees, and public security police stations shall conduct visits to the perpetrators and victims who have received the warning, and supervise the perpetrators not to commit domestic violence.

　　Article 18  The people's government at the county level or at the city level divided into districts may set up temporary shelters alone or relying on relief management agencies to provide temporary living assistance to victims of domestic violence.

　　Article 19  Legal aid agencies shall provide legal aid to victims of domestic violence in accordance with the law.

　　The people's court shall defer, reduce or waive litigation fees for victims of domestic violence in accordance with the law.

　　Article 20  When hearing cases involving domestic violence, the people's court may determine the facts of domestic violence on the basis of evidence such as police records, warning letters, and injury appraisal opinions of public security organs.

　　Article 21  If the guardian commits domestic violence and seriously infringes on the legitimate rights and interests of the ward, the people's court may, on the application of the guardian's close relatives, neighborhood committees, villagers' committees, civil affairs departments of the people's governments at the county level and other relevant personnel or units, revoke their guardianship and appoint another guardian according to law.

　　The offender who has been revoked as a guardian shall continue to bear the corresponding maintenance, maintenance and maintenance expenses.

　　Article 22  Trade unions, Communist Youth League, women's federations, disabled persons' federations, residents' committees, villagers' committees, etc. should educate the perpetrators of domestic violence on the rule of law, and if necessary, provide psychological counseling to the perpetrators and victims.

Chapter IV Personal Safety Protection Order

　　Article 23  If the party concerned has suffered domestic violence or faces the real danger of domestic violence and has filed an application for a personal safety protection order with the people's court, the people's court shall accept it.

　　If the party is a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation, etc., his close relatives, public security organs, women's federations, residents committees, village committees, and rescue management agencies may apply on their behalf.

　　Article 24 An applicant for a personal safety protection order shall be submitted in writing; if it is really difficult to apply in writing, he may apply orally, which shall be recorded in the record by the people's court.

　　Article 25 A case of a personal safety protection order shall be under the jurisdiction of the basic people's court of the place of residence of the applicant or the respondent or the place where the domestic violence occurred.

　　Article 26 A personal safety protection order shall be made by the people's court in the form of a ruling.

　　Article 27 To make a personal safety protection order, the following conditions shall be met:

　　((I))There is a clear respondent;

　　((II))Have specific requests;

　　((III))There are situations of domestic violence or real danger of domestic violence.

　　Article 28 After accepting an application, the people's court shall make a personal safety protection order or reject the application within 72 hours; if the situation is urgent, it shall make it within 24 hours.

　　Article 29 A personal safety protection order may include the following measures:

　　(II))Prohibit the respondent from committing domestic violence;

　　((II))The respondent shall be prohibited from harassing, tracking or contacting the applicant and his or her close relatives;

　　(III))Order the respondent to move out of the domicile of the applicant;

　　(IV)Other measures to protect the personal safety of the applicant.

　　Article 30 A personal safety protection order shall be valid for no more than six months and shall take effect from the date it is made. Before the personal safety protection order becomes invalid, the people's court may revoke, modify or extend it upon the application of the applicant.

　　Article 31 If the applicant is not satisfied with the rejection of the application or the respondent is not satisfied with the personal safety protection order, he may apply to the people's court that made the ruling for reconsideration once within five days from the effective date of the ruling. If the people's court makes a personal safety protection order in accordance with the law, the execution of the personal safety protection order shall not be suspended during the reconsideration period.

　　Article 32 After a people's court makes a personal safety protection order, it shall be served on the applicant, the respondent, the public security organ, the residents committee, the villagers committee and other relevant organizations. The personal safety protection order shall be executed by the people's court, and the public security organ, the residents' committee, the villagers' committee, etc. shall assist in the execution.

第五章 法律责任

　　Article 33 If the perpetrator commits domestic violence and constitutes a violation of the administration of public security, he shall be punished for the administration of public security according to law; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

　　Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, the people's court shall give him a reprimand, and may, according to the seriousness of the circumstances, impose a fine of not more than 1,000 yuan and detention for not more than 15 days.

　　Article 35 Where schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff fail to report to the public security organs in accordance with the provisions of Article 14 of this Law, resulting in serious consequences, the competent department at a higher level or the unit shall impose sanctions on the directly responsible person in charge and other directly responsible persons according to law.

　　Article 36 State functionaries with anti-domestic violence duties who neglect their duties, abuse their powers, or engage in malpractices for personal gain shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

　　Article 37 Acts of violence committed between persons living together other than family members shall be implemented with reference to the provisions of this Law.

　　Article 38 This Law shall come into force as of March 1, 2016