Domestic violence is no longer a taboo: How can the Chinese government uncover this long-hidden problem?

In China, the concept of domestic violence involves violence or abuse between intimate partners or family members. For Chinese women, intimate partner violence (IPV) from a male partner is the most common form of domestic violence. According to a 2005 report in the American Journal of Public Health, one in four Chinese women has suffered physical violence from a partner in the past year. Although China has recognized the problem of domestic violence since the 1930s, the economic and social changes of the 1980s have only made the problem gradually more apparent in recent decades.

According to the legal definition in Section 2 of the Domestic Violence Act 2015, domestic violence is defined as "physical, psychological or other aggression between family members through beating, restraint, injury and other means, as well as repeated verbal abuse or Threats are carried out."

Although the legal definition focuses on family members, domestic violence can also occur between unmarried men and women, LGBT couples and other family members. The problem of domestic violence is widespread throughout China, especially in rural areas, where the majority of women (about 40%) who experience domestic violence come from these areas. Despite ongoing government efforts to eradicate poverty, rural areas still face higher poverty rates, exacerbating risk factors related to domestic violence.

History and reasons

Traditional family dynamics

Historically, Chinese families followed a hierarchical structure in which the husband had absolute authority over family decision-making. This patriarchal order is rooted in Confucianism and regulates women's behavior such that they are usually subordinate to their husbands. In particular, the idea of ​​"three obediences and four virtues" stipulates that wives must obey their father, husband and sons, and maintain a dignified and moral lifestyle.

In the traditional concept, abuse of a wife is seen as a reasonable way to educate her, and any violence in the family is considered a private matter of the family and thus ignored by society.

Changes in modern times

At the beginning of the 20th century, domestic violence was still a common phenomenon and was considered a means of maintaining male superiority. Although the All-China Women's Federation (ACWF) established by the Communist Party of China in the mid-20th century has made efforts to improve the status of women, it has paid relatively little attention to the issue of domestic violence. With China's economic reform and social opening in the 1980s, more and more social organizations began to pay attention to the issue of domestic violence.

Participating in the 1995 World Conference on Women hosted by China enabled Chinese female activists to come into contact with international women's organizations and openly discuss the issue of domestic violence.

Changes in the legal system

Marriage Law Amendment 2001

The 2001 amendment to the Marriage Law was the first legal protection for victims of domestic violence and clearly defined the act of domestic violence. Several important changes in this amendment include allowing divorce in cases of violence if mediation fails, thus opening a window for women who have suffered domestic violence to seek recourse.

Domestic Violence Act 2015

In 2014, the State Council proposed China's first domestic violence law, which was passed in 2015. This law not only reaffirms the progress of previous laws, but also for the first time covers domestic violence outside the family. This represents an important step for the government to protect victims and raise society's awareness of domestic violence.

Article 19 of the 2015 Domestic Violence Law requires legal aid agencies to provide help to victims of domestic violence and requires courts to delay, simplify or waive the victims’ litigation fees in accordance with the law.

Divorce cooling off period in 2021

In response to the rising divorce rate, the Chinese government implemented a divorce cooling-off period policy in 2021. Although the policy does not apply to spouses filing for divorce due to domestic violence or adultery, it has been questioned by many women's rights activists who believe it may further expose women to violence.

Improvement of social awareness

With the improvement of social awareness, various grassroots movements against domestic violence have emerged one after another. For example, on Valentine's Day in 2012, a group of Chinese female activists protested wearing wedding dresses and holding slogans against domestic violence, revealing the hidden nature of domestic violence in public space. Such activities not only increase the public's attention, but also prompt the government and relevant agencies to take action in terms of legal and social services.

Conclusion

Although China has made some progress in terms of law and social awareness, domestic violence remains a huge social problem. According to the latest statistics, a large number of families in the motherland are still affected by domestic violence. According to 2022 data, the number of cases involving domestic violence shows a significant increase, which reminds all sectors of society to continue to pay attention to and fight this crisis, and future efforts should focus on breaking the shackles of patriarchy and enhancing the social support system. How can we further promote change and protect the rights of all victims of such an enduring social problem?

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