Marriage and divorce

14. Ways to seek aids when encountering domestic violence

“Domestic violence” refers to any act that causes physical, psychological and other kinds of harm to other family members by means of battering, binding, forcible restriction to the physical freedom or other means. Domestic violence in China is unlawful act. In accordance with the relevant provisions of Articles 43, 45 and 46 of the Marriage Law, victims of the domestic violence can protect their own legal rights and interests through the following ways: (1) In regard to the domestic violence to or maltreatment of family member(s), the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer, and offer mediation. In regard to the domestic violence being committed, the victim shall have the right to make a request, the neighborhood or villager committee shall dissuade the wrongdoer, and the public security organ shall stop the violence. If, in regard to the domestic violence to or maltreatment of family member(s), the victim makes a request, the public security organ shall subject the wrongdoer to administrative penalty in accordance with the relevant provisions of administrative sanctions for public order. (2) If domestic violence to family member(s) constitutes a crime, the criminal responsibility of the wrongdoer shall be investigated according to law. (3) A no-fault party shall have the right to make a request for compensation if domestic violence brings about divorce.