The Anti-Domestic Violence Law will come into force on 1 March 2016
The Anti-Domestic Violence Law will come into force on 1 March 2016. This law has prescribed the definition of the ‘Domestic Violence’, which refers to the physical or mental infringement acts conducted to family members by beating, trussing, cruelly killing, forcibly limiting the personal freedom, regular verbal abuse, intimidation or otherwise. On the prevention and management of the Domestic Violence, the highlight of this Law includes:
The report system. While found a person with no or limited capacity for civil conduct who experience the Domestic Violence, the staffs of the schools, kindergartens, medical institutions, residents and villagers committees, social work services, aid management institutions, welfare agencies, shall report to the police timely. If the aforesaid staffs fail to report to the police timely, which resulting in serious consequences, the directly responsible supervisor and other directly responsible personnel shall be punished.
The caution system on the minor domestic violence. According to Article 16 and 17, while the Domestic Violence action is minor, the police could issue a caution letter to the offender, and send such caution letter to the offender, the victim and inform the relevant residents and villagers committees. The residents and villagers committees shall visit and supervise the offender and victim randomly.
The personal safety protection ruling system. While the victim has experienced or is going to experience the Domestic Violence, the victim could apply for the personal safety protection ruling to the people’s court. The court shall make the order on whether to issue the ruling within 72 hours normally, for special occasions, the court shall make the order within 24 hours. The validity term of the ruling shall be no more than 6 months, and it could be revoked, changed or extended based on the application.