Nine months after the implementation of the anti-domestic violence law, there is a way to settle housework.
November 25th is the International Day for the Elimination of Violence against Women. It is becoming a social consensus that legal instruments are involved in "housework" to better protect the survival rights of vulnerable people in micro-social cells. On March 1st this year, People’s Republic of China (PRC) Anti-Domestic Violence Law was officially implemented, and domestic violence officially entered the scope of national legal supervision, which became an important milestone.
The life of law lies in practice. The Anti-Domestic Violence Law stipulates the compulsory reporting responsibilities of relevant units and individuals, creates a new public security warning system and establishes a personal safety protection order mechanism. What experience have these new institutional means gained since they were implemented for 9 months? What challenges do you face now?
Legislation needs to be hierarchical and refined
"Officer Yang, I can’t find my daughter. I suspect that she has been beaten by her son-in-law!" Yang Xiaoyan, a community policeman at Xinglong Police Station of Jianye Branch of Nanjing Public Security Bureau, received a call for help from an old man whose daughter was Xiaoyun, a hostess in the community that Yang Xiaoyan was in charge of.
Xiaoyun and her husband Xiaohai both denied domestic violence and indicated that they could not meet the police. Yang Xiaoyan had nothing to do, so she had to let Xiaoyun’s mother keep in touch with the police. Once they found their whereabouts, they immediately reported them to the police. A few days later, the old man called again and decided that his daughter and son-in-law were at home. Yang Xiaoyan immediately found a locksmith and went to Xiaoyun’s residence with her colleagues. After unlocking the lock, Yang Xiaoyan finally met Xiao Hai and Xiao Yun.
"There are two black legs in front of me." Yang Xiaoyan recalled the scene at that time, because of long-term violence, Xiaoyun’s soft tissue had changed color.
What makes Yang Xiaoyan feel embarrassed is that such a police way is not completely legal. Xiaoyun and Xiaohai are legal residents. Although the police received the help from Xiaoyun’s parents, Xiaoyun did not directly ask for help. Whether the police have the right to forcibly enter their homes is still a vague area.
In judicial practice, there are still many practical situations that have not been considered in such legislation, which need to be clarified in the legislative process.
According to the Anti-Domestic Violence Law, the police can issue a "warning letter" to the offender when they go out to the police, which is a legally binding document. Rong Weiyi, an associate professor at the People’s Public Security University of China, believes that the judicial interpretation of the warning system varies from place to place. The public security department should issue documents in time to standardize the specific implementation of the warning system, and at the same time compile anti-domestic violence police law enforcement standards, police training materials, and carry out police training.
"The legal regulations are not fully set and it is difficult to give evidence, which requires our more hierarchical and refined legislative exploration; If the law enforcement is weak, it is even more necessary for the judiciary to raise awareness and sensitivity of anti-domestic violence. " Xia Yinlan, a professor at China University of Political Science and Law, said.
Strengthen linkage and improve the quality of shelter assistance
On Valentine’s Day this year, Xiao Liu took advantage of her husband Xiao Huang’s tryst with a third party to successfully escape from the residence where she had been subjected to personal control and beatings for more than ten years. With the help of the All-China Women’s Federation, she directly stayed in the rescue station provided by the Chaoyang District Government of Beijing, hoping to break away from her husband’s marriage and restart her free life with social assistance. But the result is not satisfactory — — On the second day after the court decided to divorce, Xiao Liu returned to the original relationship under the threat of Xiao Huang.
"I can’t feel the warmth from society." Xiao Liu told Li Ying, director of Yuanzhong Gender Development Center who participated in the rescue. Why can’t the social work service purchased by the government give Xiao Liu warmth? As an important institutional measure in the Anti-Domestic Violence Law, why has the occupancy rate been low and the effect is not obvious since the implementation of the law?
"In the multi-agency cooperation in handling domestic violence cases, the shelter issued by the civil affairs department is at the bottom, which has certain defects in the system. As the last line of defense for institutional protection, it is difficult for shelters to assume security responsibilities. " Ma Li, a cadre of Xuzhou Civil Affairs Bureau, Jiangsu Province, said that in sociology, such a system defect is called "welfare fear".
In view of the low level of existing social workers’ work, a set of standard social work considerations need to be introduced urgently. Experts pointed out that it is an effective measure to improve the quality of rescue in shelters by setting standards, making social workers in shelters directly responsible for the process and giving them more effective operating rules.
Zhu Dongwu, a professor at China Women’s University, also suggested that more institutions should be brought into the specialized prevention and control system in a linkage way to slow down the responsibility of civil affairs. "At present, there are many social organizations in urban communities, and most of them have the desire to expand their functions. It is a good thing to include community workers."
"From management to support and empowerment, we need a change of concept. Only in this way can we really give the rescued people social warmth." Li Ying said.
It is necessary to establish advanced anti-domestic violence concepts in general.
"1 is bigger than 0." Xia Yinlan believes that although there are still many problems in the implementation of the Anti-Domestic Violence Law, its promulgation marks that domestic violence has entered the judicial category and can be called a milestone in China’s anti-domestic violence cause.
From the first hotline for women in China — — According to the statistics of Beijing Hongfeng Women’s Psychological Counseling Hotline, the Anti-Domestic Violence Law is indeed a watershed. According to the data from January to June this year, the number of domestic violence hotline cases reached 158, which was roughly three times that of the same period of last year and increased by 54.90% compared with the annual data of 2015.
"I was often beaten and scolded by my husband, and I was injured three days ago. I didn’t know that domestic violence was illegal before, and I never called the police" … … More and more victims are beginning to realize that violence is not inevitable, and domestic violence has also violated national laws — — The Anti-Domestic Violence Law provides an opportunity for the victims in the family to change their fate.
"Do not forget your initiative mind, the right medicine, this is the key to the implementation of the law." Li Mingshun, a professor at China Women’s University, said that "Do not forget your initiative mind" is the legislative purpose and legislative spirit that cannot be deviated from. The understanding and implementation of each specific system needs to be closely related to the basic principles of anti-domestic violence work; "The right medicine" is to focus on the important system, responsible subjects, high-risk families and key links of the Anti-Domestic Violence Law, and to break through the crux of the case.
The road ahead of the Anti-Domestic Violence Law is not easy. It is necessary to generally establish advanced anti-domestic violence concepts and establish an attitude of positive legislative usage. Lawmakers, judges and law popularization people are still on the road.