Anti-Domestic Violence Law of the People's Republic of China Came Into Effect

2020/1/9

Anti-Domestic Violence Law of the People's Republic of China came into effect on March 1. As China's first anti-domestic violence law, the law clarifies the nature and legal responsibility of domestic violence, making it possible to rely on domestic affairs that are difficult for officials to resolve. The new law also provides strong protection for victims of domestic violence.

The domestic violence act has two bright spots：

First, it expands the scope of application of the anti-domestic violence law, clearly pointing out that the mental violation between family members belongs to domestic violence, and the violence between cohabitation is also regarded as domestic violence;
Secondly, it clears that if the victim applies to the people's court for a writ of habeas corpus protection, the people's court shall make a ruling within 72 hours after the application is accepted, and within 24 hours if the situation is urgent. If the person against whom the application is made violates the habeas corpus protection order and commits a crime, he shall be prosecuted for criminal responsibility.

Habeas corpus is regarded as the 'sharp tooth' of anti-domestic violence law, and the intervention of public power provides a guarantee to prevent domestic violence. This time, it made a time limit for its ruling, and made it clear that those who constitute a crime will be investigated for criminal responsibility according to law, which undoubtedly effectively increased the effect of the implementation of the personal safety protection order. Since then, the protection of personal safety requires not only the combination of social responsibility and morality, but also legal constraints and protection.

Law is the product of the state and a tool to maintain social stability and protect the rights and interests of citizens. The anti-domestic violence law is a milestone in curbing domestic violence and maintaining family harmony and stability.