A survey newly conducted by All-China Women's Federation shows that 16 percent of Chinese women have been beaten by their spouses. Meanwhile, 14.4 percent of men admitted that they had raised hands to hit their wives. November 25 is International Day for the Elimination of Violence against Women.

 

Lawyers from the Law Research and Service Center for Women under the Law School of Peking University have found five difficulties in dealing with family violence cases during the past three years of working to provide law service for women victims. 

 

Evidence is difficult to collect for the public lack "knowledge" of domestic violence. The public still treats the violence as a family dispute, considering it a normal phenomenon. Victims cannot be understood and are usually blamed as "heartless and faithless" or "wicked" women when they sue their husbands for domestic violence. Neighbors and residents' committees usually talk evasively or even refuse to provide any information when lawyers try to collect evidence, making victims' interests hard to guarantee.

 

Judgment is difficult to make for public security officers lack the concept of social gendering. Investigation and prosecution does not get done in time. Some public security officers usually regard it as normal that a husband beats his wife. Local police stations do not put such cases in files for investigation in time and hesitate to provide appraisal for the cases. Without appraisal, family violence cannot be punished by law.

 

Domestic violence is hard to affirm and related laws and regulations are incomplete. China has not yet had special evidence regulations or rules for domestic violence. The violence usually happens inside a family. Without enough witnesses, statements by victims cannot be treated as evidence of the case. This brings great difficulty for courts to affirm the crimes.

 

It is hard for victims to get compensation for mental damage. Although the new marriage law stimulates victims of family violence to proclaim civil compensation, it remains very difficult for victims to get the compensation actually.

 

The current laws are more suited to punishment once the perpetrators have carried out the violence. Some women victims hope that the law will soon carry compulsory measures to act as a preventative measure and to punish while the violence is still going on.

 

(China.org.cn by Unisumoon and Daragh Moller, November 26, 2003)