CCTV News:In order to prevent and stop domestic violence, China implemented the People’s Republic of China (PRC) Anti-Domestic Violence Law in 2016, which made detailed provisions on the prevention, disposal and legal liability of domestic violence. Behind the promulgation of this law is the constant appeal of countless cases and experts and scholars.
On April 23rd, 2000, legal report broadcasted a program called "Chastity Lock", which was also the earliest program of legal report focusing on domestic violence.
This program is about a man who put a lock on his 22-year-old girlfriend to ensure her chastity.
At the age of 48, Yao opened a clinic in Wuhou District, Chengdu. He used disgraceful means to make the girl Rong Rong commit herself to him. According to Rong Rong’s memory, "The first time I went to the clinic to see a doctor, the second time I went to the infusion, I didn’t know what kind of granule I ate first. I asked him, and he said to take a medicine first, so I took it. After eating it, I was dizzy and lost my virginity."
Although Rong Rong is 26 years younger than Yao, she thinks she has no choice but to live with this man after losing her virginity. 19 years ago, Rong Rong’s thoughts were representative, and the traditional concept of chastity was still the shackles of the thought of "Rong Rong". Rong Rong didn’t expect it at all. Just after the two lived together, Yao put a real lock on her.
Rong Rong: "Yao suspected that I had stolen someone, so he called me to write a review, and I had to write it in his outline, or I would fight if I didn’t write it."
When the reporter interviewed Yao, he asked him if he thought it was illegal to do so. Yao replied: "I think it is a housework. She agrees with me. It is the same as Zhou Yu’s yellow cover. One is willing to fight and the other is willing to suffer."
Rong Rong said that she didn’t agree with Yao’s practice of locking her up at that time, but Yao forced her to have surgery by violent means. At that time, Rong Rong was pregnant for four months. After locking, Rong Rong couldn’t stand the pain and asked her neighbors for help. The neighbors reported the police. The public security organs arrested Yao on suspicion of insulting women. Until now, she didn’t know that Yao had actually been married for more than ten years, and his wife left home with her little daughter because she couldn’t stand Yao’s domestic violence. Rong Rong, who is only living together with Yao, has become a substitute for Yao’s domestic violence. In front of the camera, Yao kept saying that it was a housework, and the experts refuted it with great certainty: it was not a housework at all.
In fact, since the 1990s, many experts, scholars and people of insight have been advocating to stop domestic violence through public power. They also called for legislation on "anti-domestic violence".
In 2001, the Marriage Law of the People’s Republic of China was revised, and "prohibition of domestic violence" was written into law for the first time. At the same time, the Marriage Law also stipulates that husband and wife have equal status in the family and have the obligation to support each other. The legal provisions that seem to be two declarations are interpreted in vivid cases.
On July 16th, 2002, the program "The Murder of the Song Family" broadcast by legal report told a very rare case of domestic violence. The case happened on May 21st, 2002. Meng Moumou, a resident of Shenyang, was killed at home. It was none other than his wife Huang.
Huang: "After all, I hurt my lover. I love him very much. I don’t care if I pay for him. I also recognize it for him." However, what the reporter learned is quite different from Huang’s statement.
Meng Moumou and Huang have been married for more than ten years. In the years before the incident, both husband and wife were laid off and their lives were tight. His wife, Huang, is strong. She sells newspapers during the day and takes a bath in the bath at night. She earns 15,600 yuan a month, which is the economic pillar of her family. However, her husband, Meng Moumou, has always been idle, has no financial resources at all, and still drinks, gambles and credits outside, so the two often fight. However, it is basically the wife who beats her husband. According to the neighbors, the couple have a small fight for a day or two and a big fight for three or two days, but every time they fight, the husband never fights back.
One day half a month before the incident, her husband Meng Moumou said that he had found a job loading and unloading fruits in the fruit market. This news really made his wife happy for several days. On May 21, 2002, his wife, Huang, went to the fruit market to find out the situation, but she found that her husband didn’t work there at all. In the evening, when her husband came home, they quarreled, and then they started to fight. His wife Huang grabbed a shovel head, subdued her husband twice, and then tied Meng Moumou to a chair and beat him up.
In an interview, Huang said that she didn’t know what was going on at that time, and her mind was blank. She wondered how her husband didn’t learn well. How could a man who was almost 50 years old do this? She was very angry at that time. From 7: 00 pm to 9: 30 pm, my wife is tired of scolding and scolding … … Finally, watching the husband lying on his back foaming at the mouth, his wife panicked and quickly asked her 14-year-old daughter to dial 120, and then the police rushed to the scene. In the end, her husband Meng Moumou died, and his wife Huang was sentenced for the crime of intentional injury. Their daughter was also deeply hurt.
When commenting on this case, experts pointed out the important source of domestic violence: the unequal status between members of marriage and family. As far as the relationship between husband and wife is concerned, if one party thinks that he is the pillar of this family economically, it will lead to the psychology that others will obey him. When a woman carries a heavy burden on her family, she feels very wronged and "angry" with her husband, but she has no right to achieve a so-called balance by infringing on the other person’s right to life and health. After all, husband and wife have the obligation to help each other in law.
On December 29, 2011, Li Yang’s divorce case was reported, and foreign women who suffered from domestic violence bravely appeared. In those days, experts and scholars repeatedly called for the introduction of anti-domestic violence laws as soon as possible, making the laws more operational and making the vulnerable in the family no longer afraid.
In 2012, the 18th National Congress of the Communist Party of China was held, and the strategic goal of "comprehensively promoting the rule of law and accelerating the construction of a socialist country ruled by law" was put forward, and the construction of the rule of law entered the fast lane.
On December 27th, 2015, the National People’s Congress Standing Committee (NPCSC) deliberated and passed the People’s Republic of China (PRC) Domestic Violence Law, and the appeal became a reality. Since then, anti-domestic violence work has entered a new era.
In response to the question of why it took so long for anti-domestic violence legislation to succeed, mo jihong, director of the Institute of International Law of the Academy of Social Sciences, said that the family ethics formed in the feudal social history of our country for thousands of years, that is, things at home are not told, feelings are told at home, beating is kissing and scolding is love, and not beating or scolding is going to deteriorate. Everyone has a high tolerance for the use of violence by family members and a poor awareness of rights protection. Therefore, it took more than ten years to repeatedly do social work, point out this harm, and slowly let the public realize that this problem really needs to be solved through the participation of the news media, and legislation should intervene, and everyone gradually reached a consensus. This is why the Anti-Domestic Violence Law can be promulgated and widely recognized by the society, which is also the embodiment of the development and progress of the times.
On November 25th, 2019 (International Day against Domestic Violence), online celebrity Yuya (He Moumou, female, 28 years old) accused her boyfriend Tuotuo (Chen Mou, male, 44 years old) of domestic violence against herself in Weibo, and exposed a video surveillance of being dragged by her boyfriend in the elevator. The incident quickly attracted attention and once again caused public discussion on the social problem of domestic violence. Immediately, Weibo, the public security bureau of Jiangbei District, Chongqing, said that the relevant departments attached great importance to it and intervened in the investigation at the first time. The Chongqing Municipal and District Women’s Federation said that it strongly condemns all domestic violence and will provide help and services to the parties. The political and legal departments of Jiangbei District have carried out investigation and handling according to law.
A few days later, the Jiangbei District Public Security Bureau announced the investigation results. From the beginning of April, 2019 to the end of August, 2019, Chen Mou repeatedly dragged, shoved, beat and other intentional injuries to He Moumou (He Moumou’s injury was not minor or above). In addition, it was found that Chen Mou also committed illegal acts that threatened the personal safety of others through WeChat. In view of the above-mentioned two illegal acts of Chen Mou, the public security organs respectively imposed administrative penalties according to the Law of People’s Republic of China (PRC) on Public Security Administration Punishment, combined with administrative detention for 20 days and imposed a fine.
He Moumou applied to Jiangbei District People’s Court for a personal safety protection order on November 27, 2019 to prevent Chen Mou from intentionally injuring him again. At present, the hospital has made a personal safety protection order for He Moumou according to the facts identified after examination.
Bai Yansong, the host of CCTV, commented on the abuser in domestic violence on November 30, 2019: "Can a man who beats his wife or girlfriend still be called a man? I think not. As for whether it can be called people, everyone has his own opinion. " Although the perpetrator in domestic violence is not necessarily a man, we can certainly understand similar feelings.
Domestic violence is an act of intentional injury. According to the relevant provisions of China’s criminal law, anyone who intentionally hurts another person’s body and causes minor injuries or more shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever intentionally injures and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. For a single act that is not seriously injured, but there is indeed long-term abuse, China’s criminal law stipulates that if a family member is abused in a bad way, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and if the victim is seriously injured or killed, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
In addition, the legal profession emphasizes that victims of domestic violence must pay attention to retaining evidence, including recordings, videos, medical records and so on. Because what responsibility the perpetrator will bear depends on the victim’s injury.
Domestic violence is prohibited by law and deeply hated by society. Combating domestic violence is the common responsibility of the state, society and every family. Every family member also has the obligation to be a participant, supervisor and practitioner of anti-domestic violence. Only by weaving dense grass-roots protective nets can domestic violence, a decadent and illegal act, perish in the sun.
