Domestic abusers may face murder charge
Print Edition
PEOPLE found guilty of committing domestic abuse that leads to death should be charged with murder, while long-time victims of domestic violence who kill their abusers should be shown leniency, according to a guideline released yesterday by the country’s top judicial authorities.
The guideline, which is China’s first comprehensive judicial document on domestic violence, was jointly released by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice.
Those who abandon their babies or cause death by refusing to fulfill necessary child support obligations should also be charged with murder, it said.
The guideline called for more judicial intervention in cases of domestic violence, which the Chinese traditionally considered a private matter that should be kept within the family.
The system should respond to domestic violence promptly and effectively, it said.
The guideline places responsibility for responding with the department that first receives the report, be that the police, prosecutors or the courts.
It said acts to stop violence in the home, as long as they are in line with the Criminal Law, can be justified as self-defense and exempted from criminal charges.
The order to show leniency to long-time victims of domestic violence who kill their abusers “doesn’t mean that we encourage women to get rid of domestic violence through violence,” said Yang Wanming, president of the first criminal court of the SPC, adding that they should first resort to the legal system.
According to the All-China Women’s Federation, about 25 percent of married women have suffered domestic violence.
The organization said it receives about 50,000 complaints every year, but the actual number of abuse cases is far higher as many women are too scared to speak out.
Also yesterday, a spokeswoman for the annual session of the country’s top legislature said that a draft of China’s first law on domestic violence is set to have its first reading in August.
Speaking on the eve of the National People’s Congress session in Beijing, Fu Ying said the legislation is likely to take shape after two or three readings.
The Legislative Affairs Office of the State Council published the draft in November to canvass public opinion.
“I have seen some very strong views coming from the Internet, with most people supporting an anti-domestic violence law to protect the weak,” Fu said.
“The law is a way to show that we have zero tolerance for violence in the home,” she said.
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