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China’s first anti-domestic violence law takes effect

china law, China's first anti-domestic violence law

China's first law on domestic violence has taken effect this week.Under the new law, domestic violence is no longer considered a "family matter," but a legal issue that demands action from the courts and the police.

中国首部反家暴法本周起开始实施。此后,家暴不再是"家务事",而是国家、社会都要管的"公务事"。

Figures from China Law Society show about one-third of Chinese families have dealt with some form of domestic violence.

中国法律学会的数据显示,中国大概有三分之一的家庭存在某种形式的家庭暴力。

More than 90-percent of the reported cases involve the abuse of women, children and the elderly.

据报道,家暴事件中有九成是对妇女、孩子和老人施暴。

One-in-four Chinese women have suffered violence in their marriage.Traditionally considered an embarrassing private matter in China, domestic violence is still an issue which remains taboo to talk about.

数据显示,中国婚姻中有1/4女性遭受过家暴。中国传统文化中,家暴被认为是难以启齿的家庭私事,仍被认为是禁忌话题。

Li Mingshun with China's Marriage Law Society says given the situation, a specialized anti-domestic violence law is urgently needed.

鉴于此社会情形,中国法律学会的李铭顺先生表示,明文规定的反家暴法势在必行。

"There had been laws on family abuse in China, but none of them were specialized. References to the issue were included in several different laws and regulations. However, none were put into a unified system, making most of them hard to enforce."

"之前,中国在家庭虐待方面有相关法律条文,但是并无详细的条例说明。家庭施虐在好几个不同的法律条例中都有提及,但是没有一个放入统一的规定,所以很多无法实际执行。"

The new law defines domestic violence as both physical and psychological harm inflicted between family members, including beatings, injuries, restraint or forcible limits on physical liberties, as well as recurring verbal threats and abuse.

反家庭暴力法明确指出,家庭暴力是指家庭成员之间以殴打、捆绑、残害、限制人身自由以及经常性谩骂、恐吓等方式实施的身体、精神等侵害行为。

Victims and those under immediate danger from domestic violence can file for a personal protection order.

受害者和那些受到家暴临时威胁的可以为保护个人提起上诉。

The courts have to decide within 72 hours whether to issue the injunction.

法院在72小时内决定是否受理诉讼。

If authorities decide the case is urgent, the courts are obliged to render a decision within a day.

如果当事人觉得案件紧急,法院需要在一天之内做出决定。

Chen Jialin with the National People's Congress Legal Affairs Committee says the new law is much more practical than previous attempts at stemming domestic violence.

全国人民代表大会法律事务委员会的陈嘉林表示,新的法律条例比之前试图阻止家暴的条文更加实用。

"The law contains some practical measures against domestic violence. Police are required to issue restraining orders in severe cases, while victims can also apply for protection from the local courts. Measures like these are expected to prevent violence from taking place or getting worse. This is why this law as made."

"新的法律条文包括了反家暴的一些具体的实施办法。警方在严厉的案件中需要发出限制令,而受害者也可以在当地法院申请保护。这些措施,防止发生或恶化的暴力行为。这就是为什么出台这个法律。"

Chen Jialin says the new law also has a focus on protecting minors.

陈嘉林说新法律重点保护少数民族人群。

"Since researchers have proved that domestic violence is a learned trait within a family, the law has multiple measures, such as a compulsory reporting system, to reduce the impact of family violence on children. Law enforcers can decide not to intervene if the domestic dispute is strictly between adults. But if there is abuse of a child, police have a legal duty to report the case after they discover it."

"某些研究人员已经证明家庭暴力具有后天形成的特质,这个法律有很多种相应的措施,如强制报告制度,以减少家庭暴力对儿童的影响。如果家庭纠纠纷只是存在于两个成人之间,执法人员可以决定不干涉。但是,如果对一个孩子实施暴力,警方有一个法律有责任在发现后举报案件。"

Under the new law, police, women's federations and social service organizations, as well as close relatives, are able to apply for orders for those with no or limited capacity to help themselves, such as young children or the elderly.

根据新的法律,警察,妇联及相关的社会服务组织,以及近亲属可以申请帮助那些没有或有限的能力的人进行申诉,如儿童或老人。

The orders can last a maximum of six months and can be revoked or extended based on the situation.

申诉可以持续六个月,根据情况可以被撤销或者延长。

Anyone who violates the protection order can face fines of 1-thousand yuan, as well as 15 days detention.

违反保护令将面临一千元罚款和15日拘留。

They can also face criminal charges in more serious offences.

情节严重者将面临刑事指控。

2016-06-23

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