Order of the President of the People's Republic of China

No. 37

The Anti-Domestic Violence Law of the People's Republic of China, adopted at the 18th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on December 27, 2015, is hereby promulgated and shall go into effect as of March 1, 2016.

                  Xi Jinping

 President of the People's Republic of China

                December 27, 2015

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

(Adopted at the 18th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on December 27, 2015)

Contents

Chapter I   General Provisions

Chapter II   Prevention of Domestic Violence

Chapter III   Dealing with Domestic Violence

Chapter IV   Personal Safety Protection Order

Chapter V    Legal Liability

Chapter VI   Supplementary Provisions

Chapter I  General Provisions

Article 1 This Law is enacted for the purposes of preventing and addressing domestic violence, protecting the lawful rights and interests of family members, sustaining equal, harmonious and civilized family ties, and promoting harmony within the families as well as stability of society.

Article 2 For the purpose of this Law, "domestic violence" refers to the act of a family member inflicting physical, psychological or other harm on another, including but not limited to beatings, bindings, inflicting bodily injuries, restricting personal liberty, or recurrent verbal abuse and intimidation.

Article 3 Family members shall help, love and care about one another, live in harmony, and fulfill their family obligations.

The state, society and every family share the responsibility to stand against domestic violence.

The state prohibits any form of domestic violence.

Article 4 The bodies in charge of the work concerning women and children under the people's governments at or above the county level shall be responsible for organizing, coordinating, guiding, and supervising relevant departments in combating domestic violence.

Relevant departments of people's governments at or above the county level, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and institutions shall, according to this Law and the provisions of other relevant laws, effectively perform the duty of fighting against domestic violence.

People's governments at various levels shall provide necessary funding for the anti-domestic violence work.

Article 5 In anti-domestic violence work, the principle of putting prevention first and combining education, correction and punishment shall be followed.

In the work against domestic violence, the true will of victims shall be respected and the privacy of the parties concerned shall be protected.

Special protection shall be provided for minors, the elderly, the disabled, pregnant and lactating women, and the patients with serious illnesses who suffer domestic violence.

Chapter II Prevention of Domestic Violence

Article 6 The state shall launch publicity and educational activities to promote family virtues, popularize relevant knowledge of anti-domestic violence, and raise people's awareness against domestic violence.

Trade unions, Communist Youth League organizations, women's federations and disabled persons' federations shall, within the scope of their respective duties, organize publicity and educational activities to promote family virtues and fight against domestic violence.

The publicity of family virtues and against domestic violence shall be launched on radios, televisions, newspapers and internet, etc.

Education on family virtues and against domestic violence shall be provided in schools and kindergartens.

Article 7 Relevant departments of people's governments, judicial organs and women's federations at or above the county level shall incorporate the prevention and address of domestic violence in their service training and statistics work.

Medical institutions shall keep medical records for domestic violence victims.

Article 8 People's governments at the township level, people's governments at the town level and the sub-district offices shall organize the prevention of domestic violence, and residents’ committees, villagers’ committees and social service agencies shall cooperate and assist with them in this regard.

Article 9 People's governments at all levels shall support social organizations such as social service agencies to provide services including mental health counseling, guidance on family relations, education on the knowledge of preventing domestic violence, etc.

Article 10 People's mediation institutions shall mediate domestic disputes in accordance with the law to prevent and reduce domestic violence.

Article 11 Where an employer discovers that a staff member commits domestic violence, it shall criticize and educate the staff member and take measures to mediate and resolve disputes in his or her family.

Article 12 The guardians of the minors shall provide family education in a civilized manner, fulfill the duty of guardianship and education in accordance with the law, and shall not engage in domestic violence.

Chapter III Dealing with Domestic Violence

Article 13 Victims of domestic violence and their statutory agents or close relatives may make complaints to, report to, or seek assistance from the employers of either the domestic abusers or the victims, residents' committees, villagers’ committees, women's federations or  other entities. The relevant entities shall, upon receipt of such complaints, reports or requests for assistance against domestic violence, provide help and deal with the domestic violence.

Victims of domestic violence and their statutory agents or close relatives may also report to the public security organs or file lawsuits with the people's courts.

When entities and individuals discover ongoing domestic violence, they shall have the right to promptly intervene to stop it.

Article 14 Where schools, kindergartens, medical institutions, residents' committees, villagers' committees, social service agencies, relief management organizations and welfare organizations as well as their staff members discover in the performance of their duties that persons with no or limited capacity for performing civil juristic acts are suffering or are suspected to suffer from domestic violence, they shall report such cases to the public security organs in a timely manner. The public security organs shall keep confidential the information of the informants.

Article 15 Public security organs shall, upon receipt of reports on domestic violence, promptly assign police officers to stop the domestic violence, conduct investigations and collect evidence according to relevant regulations, and assist the victims in obtaining medical care and having their injuries assessed.

Where persons with no or limited capacity for performing civil juristic acts suffer serious bodily injuries, face personal safety threats, are left unattended or fall in any other dangerous circumstances due to domestic violence, the public security organs shall notify the departments of civil affairs of the cases and assist them with the relocation of such persons to temporary shelters, relief management organizations or welfare organizations.

Article 16 Where the circumstances of the domestic violence are relatively minor and no administrative penalty for public security is to be imposed upon the domestic abusers according to the law, the public security organs shall criticize and educate the domestic abusers or issue a caution letter thereto.

The caution letter shall include the identity information of the domestic abuser, statements of the facts of domestic violence, and a prohibition against the domestic abuser from committing acts of domestic violence, among others.

Article 17 Public security organs shall deliver the copies of the caution letter to the domestic abusers and the victims respectively, and notify residents' committees or villagers' committees of such situations.

Residents' committees, villagers' committees and the local police stations shall pay inspection visits to the domestic abusers and the victims who have received such caution letters to ensure that the domestic abusers no longer commit domestic violence.

Article 18 People's governments at the county level or of cities divided into districts may, on their own or relying on relief management organizations, set up temporary shelters in order to provide temporary living assistance for victims of domestic violence.

Article 19 Legal aid institutions shall provide legal aid for victims of domestic violence in accordance with the law.

The people's courts shall, in accordance with the law, postpone the charge of litigation fees on domestic violence victims, or exempt or reduce such charges.

Article 20 In trying cases involving domestic violence, the people's courts may confirm the facts of domestic violence based on the evidence such as the police intervention records, caution letters, medical evaluation reports, etc.

Article 21 Where a guardian commits domestic violence and seriously infringes the lawful rights and interests of a ward, the people's court may, based on the application by a relevant person or entity such as a close relative of the ward, residents’ committee, villagers' committee or the department of civil affairs of the people's government at the county level, disqualify the said guardian and appoint a new guardian in accordance with the law.

The domestic abuser disqualified as a guardian shall continue to pay the fund of support due.

Article 22 Trade unions, Communist Youth League organizations, women's federations, disabled persons' federations, residents' committees and villagers' committees, among others, shall conduct law-related education for domestic abusers and, may, where necessary, provide psychological counseling for the domestic abusers and the victims.

Chapter IV Personal Safety Protection Order

Article 23 Where a party concerned suffering domestic violence or facing a real danger of domestic violence, applies to a people's court for a personal safety protection order, the people's court shall accept such an application.

Where the party concerned is a person with no or limited capacity for performing civil juristic acts, or is unable to apply for a personal safety protection order because he or she is under coercion or threat, or because of other reasons, his or her close relatives, or the public security organ, women's federation, residents' committee, villagers' committee or a relief management organization may apply on his or her behalf.

Article 24   The application for a personal safety protection order shall be filed in writing; where filing a written application is indeed difficult, a verbal application may be made, and the people's court shall record the application in transcripts.

Article 25   A case of the personal safety protection order shall fall under the jurisdiction of the primary-level people's court of the place of residence of the applicant or the respondent, or of the place where the domestic violence occurs.

Article 26 A personal safety protection order shall be granted by a people's court in the form of a ruling.

Article 27 A personal safety protection order shall be granted when the following conditions are met:

(1) There is a specific respondent;

(2) There is a specific request; and

(3) There are circumstances of suffering domestic

violence or facing a real danger of domestic violence.

Article 28 The people's court shall, within 72 hours after accepting an application for a personal safety protection order, rule on whether to grant such an order or dismiss the application; in the case of an emergency, the people’s court shall make a ruling within 24 hours.

Article 29 A personal safety protection order may entail the following measures:

(1) prohibiting the respondent from committing domestic violence;

(2) prohibiting the respondent from harassing, stalking and contacting the applicant and the relevant close relatives thereof;

(3) ordering the respondent to move out of the residence of the applicant; and

(4) other measures for protecting the personal safety of the applicant.

Article 30 A personal safety protection order shall be valid for not more than six months counting from the date it is granted. Before a personal safety protection order expires, the people’s court may, upon request of the applicant, revoke, or alter the order or extend its validity period.

Article 31 An applicant dissatisfied with the dismissal of the application for a personal safety protection order or a respondent dissatisfied with the grant of a personal safety protection order may, within five days after the ruling takes effect, apply with the people's court rendering the ruling for a review. Where a personal safety protection order is granted, the enforcement thereof shall not be suspended during the period of review.

Article 32   A personal safety protection order shall, after granted by a people’s court, be served to the applicant, the respondent, the public security organ and the relevant organizations such as residents' committee or villagers' committee. The personal safety protection order shall be enforced by the people's court, with the assistance from the public security organ, residents' committee, villagers' committee, and other entities.

Chapter V Legal Liability

 Article 33 Where a family member commits domestic violence and his or her act constitutes a violation of the administration of public security, he or she shall be given administrative penalties for public security in accordance with the law; where the case constitutes a crime, the abuser shall be held criminally liable in accordance with the law.

Article 34 Where the respondent's violation of the personal safety protection order constitutes a crime, the respondent shall be held criminally liable in accordance with the law; whereas such violation is not serious enough to constitute a crime, the people’s court shall reprimand the respondent, and may, depending on the seriousness of circumstances, subject the respondent to a fine of not more than RMB 1,000 yuan or a detention of not more than 15 days.

Article 35 Where a school, kindergarten, medical institution, residents' committee, villagers' committee, social service agency, relief management organization, welfare organization or a staff member thereof fails to report a case of domestic violence to the public security organ according to Article 14 of this Law, which results in serious consequences, the competent department at a higher level or the aforesaid entity itself shall, in accordance with the law, impose sanctions on the person in charge who is directly responsible and other persons directly responsible.

Article 36 Where a state functionary bearing anti-domestic-violence duties neglects his or her duty, abuses his or her power, or engages in malpractice for private gain, he or she shall be given sanctions in accordance with the law. Where the case constitutes a crime, he or she shall be held criminally liable in accordance with the law.

Chapter VI Supplementary Provisions

Article 37 This Law shall be applicable, mutatis mutandis, to cases where violence is inflicted between those who live together but are not family members.

Article 38 This Law shall come into force on March 1, 2016.