domestic violence law
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2021 ◽  
pp. 152483802110505
Author(s):  
Xiao Han ◽  
Dong Wei

China has made remarkable progress in preventing and intervening in domestic violence against women. Scholars have reported on this development. Methodologically, this paper, which draws on 3362 references selected from the China National Knowledge Infrastructure, uses the bibliometric method to summarize the characteristics, evolution, and frontiers of key topics into research on abused women in China between 1993 and 2020. The paper has three key findings. (1) The volume of literature has grown continuously, but in three stages: initial, rapid growth, and peak fluctuation; (2) the topic has five research hotspots: fundamental issues in domestic violence against women; new legislation, notably the 2015 Anti-Domestic Violence Law; social support for abused women; matrimonial disputes involving abused women; and conviction and sentencing of abused women who kill their husbands; and (3) the current research frontiers lie within the defects of the Anti-Domestic Violence Law and challenges in the implementation of the law. In addition, the paper examines characteristics and limitations of the study on abused women in China and suggests changes in practice, policy, and directions for future research.


2021 ◽  
Vol 2 (4) ◽  
pp. 553-568
Author(s):  
Simplexius Asa

The Domestic Violence Law stipulates an alternative for judges to impose additional penalties in the form of referrals for counseling aiming at providing protection to victims, either as preventive measures or preventive ones. There are three important principles that should frame the assistance provided to the victims by the law enforcers, health workers, social workers, companion volunteers, and spiritual counselors namely: (1) protection to the victims, (2) Sensitivity to the interests of the household, (3) leads to household unity and harmony. This research is designed as a normative research based on documentary research, while the analysis of the collected data is carried out and presented in a qualitative-descriptive manner. This study concludes three important things. First, additional punishment in the form of orders for perpetrators of domestic violence crimes to attend counseling so that the perpetrators can be aware of their actions and willing to change not to commit acts of violence again. Second, the implementation of counselling the perpetrators of domestic violence should take into consideration judicial and sociological requirements when providing counselling as an additional penalty in the form of orders. Third, study finds that attending counseling benefits the family in maintaining the unity of the family and that the children can be raised in a more conducive atmosphere. The weakness of the approach is that the process is time consuming and requires the deployment of more resources.


2020 ◽  
pp. 088626052097569
Author(s):  
Ivan Y. Sun ◽  
Yuning Wu ◽  
Xiying Wang ◽  
Jia Xue

Although domestic violence has long been identified as a serious social problem in China, little is known about police officers’ attitudinal and behavioral tendencies toward such incidents. Drawing upon survey data collected from police officers in two Chinese provinces, this study assesses whether officer and organizational factors are correlated to police inaction and intervention in resolving family violence. More than a quarter of Chinese police officers often and sometime did not take any action when responding to domestic violence. Chinese officers favored most the least punitive approaches of mediation and separation, with the most punitive actions, written warning and criminal sanction as the least preferred interventions. We found that Chinese officers with low levels of knowledge about the domestic violence law, higher degrees of tolerance of violence and less supportive attitudes toward an active police role in handling domestic violence are less willing to take any action against the offenders. Chinese police officers who perceived stronger supervisory support and expressed better knowledge about China’s new domestic violence law are more likely to intervene in domestic violence, whereas police officers who expressed greater degrees of tolerance of violence and believed in gender equality in society are less inclined to intervene. Policy makers and police administrators ought to pay greater attention to frontline supervisors’ attitudes and behavior toward proper responses to family violence. If active intervention is preferred, then measures and programs should be put into place to improve police officers’ legal knowledge and communication and problem-solving skills pertaining to conflict resolution.


2020 ◽  
Vol 1 (2) ◽  
pp. 191-196
Author(s):  
Teo Dentha Maha Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.


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