People's Republic of China, the 37th President of the People's Republic of China act against domestic violence by People's Republic of China on December 27, 2015 adopted at the 12th session of the Standing Committee of the national people's Congress, 18th, are hereby promulgated and take effect on March 1, 2016.



People's Republic of China President XI on December 27, 2015

People's Republic of China anti-family violence method (December 27, 2015 12th session national people's Congress Standing Committee 18th times Conference through) directory first chapter General second chapter family violence of prevention third chapter family violence of disposal fourth chapter personal security protection makes fifth chapter legal responsibility sixth chapter schedule first chapter General first article to prevention and stop family violence, protection family members of lawful rights and interests of, maintenance equal, and harmony, and civilization of family relationship, promote family harmony, and social stable, developed this method.

Referred to in article II of this law on domestic violence, refers to family members to beatings, binding, maiming, restriction of personal freedom as well as ongoing implementation by way of verbal abuse, intimidation, physical, mental and other violations.

Third among family members should help each other, love each other and live in harmony, to fulfil family obligations.

Domestic violence is a shared responsibility of the State, society and family.

Against any form of violence in the family.

The fourth work of the people's Governments above the county level shall be responsible for women's and children's institutions, responsible for organizing, coordinating, directing, urging related departments to work against domestic violence.

Relevant departments of the people's Governments above the county level, judicial organs, mass organizations, social organizations, residents ' and villagers ' committees, enterprises and institutions shall, in accordance with this law and the relevant provisions of the law, and do work against domestic violence.

People's Governments at all levels should give the necessary financial resources to work against domestic violence protection.

Fifth work on domestic violence prevention, education, treatment and the principle of combining punishment.

Willingness to work against domestic violence victims should be respected to protect client privacy.

Minors, the elderly, the disabled, pregnant and breast-feeding women, seriously ill patients are victims of domestic violence, should be given special protection.

Chapter II prevention of family violence the sixth State to carry out publicity and education of family virtue, popularize the knowledge of family violence, enhance citizens ' awareness against domestic violence.

Trade unions, the Communist Youth League, women's Federation, the Federation of persons with disabilities shall, within their respective areas of work, organize family virtue and family violence awareness education.

Radio, television, newspapers, Internet and other family virtues should be conducted and information on domestic violence.

Schools, kindergartens should develop family and domestic violence education.

Seventh, relevant departments of the people's Governments above the county level, the judiciary, women's federations should be the prevention and suppression of domestic violence included in business training and statistical work.

Medical institutions shall make diagnosis and treatment for victims of domestic violence record.

Eighth Township people's Governments and subdistrict offices should organize its family violence prevention work, neighborhood committees and village committees, social service agencies must cooperate to assist.

Nineth, Governments at all levels should support social service agencies, community organizations in mental health counseling, family relationships, family violence prevention, education and other services.

Tenth people's mediation institutes shall mediate family disputes according to law, to prevent and reduce the occurrence of family violence.

11th employer found this unit there is domestic violence, criticism should be given education and conciliation and the resolution of family conflicts.

12th guardians of minors should be conducted in a civilized manner in family education, shall perform the duties of guardianship and education, not domestic violence. Chapter III disposal 13th family violence family violence victims and their legal representatives or near relatives can contribute to perpetrator or victim unit, neighbourhood or village Committee, women's federations and other complaints, reflect or ask for help.

After the authorities received a complaint of domestic violence, reflect or ask for help, help, treatment should be given.

Domestic violence victims and their legal representatives or near relatives can also be reported to the public security organs or a people's Court according to law.

Units and individuals found that domestic violence is happening, right to time discouraged. 14th schools, kindergartens, hospitals, neighborhood committees and village committees, social work services, assisting agencies, welfare agencies and their staff at work found no civil capacity or with limited capacity for civil conduct suffering or suspected of suffering from domestic violence, should be reported to the public security organs in a timely manner.

Public security organs shall on the informant's information confidential.

15th the public security organ shall promptly after receiving the report of domestic violence police to combat domestic violence, in accordance with the relevant provisions of investigation and evidence collection, assist in the identification of victims for medical treatment, injury.

Without civil capacity or with limited civil capacity due to domestic violence, grievous bodily harm, physical security threats or in a State of danger of unattended, the public security organ shall inform and assist civil affairs departments will be placed into a temporary shelter, aid management agencies or welfare institutions.

16th minor domestic violence, law is not given administrative penalties for public security, by the public security organs give criticism or issue a warning to offender.

Warning statement shall include the identity of the perpetrator information, statement of facts, the prohibition of the perpetrator of domestic violence, such as domestic violence.

The 17th public security organ books and others, victims should be warned and informed residents ' and villagers ' committees.

Residents ' and villagers ' committees and public security police stations received should be warned of the perpetrator, the victim visits, monitoring family violence offender no longer.

The 18th or municipal district people's Government at the county level can be individually or relying on assisting organizations to set up temporary shelters, temporary living assistance to victims of domestic violence.

19th legal aid institution shall provide legal assistance to victims of domestic violence.

The people's courts for victims of domestic violence should be legally sustained accept, reduce or waive lawsuit fees.

20th when adjudicating cases involving domestic violence, according to the public security organs of police records, warning book, expert testimony and other evidence, identified domestic violence facts.

Guardian article 21st commit domestic violence, serious violations of the legal rights of guardianship to, people's Court according to guardian's close relatives, neighbourhood or village Committee, the County civil affairs departments and other relevant persons or units of application revoked his guardianship, appointment of a guardian.

Revocation of guardianship the perpetrator, shall afford the corresponding maintenance, support, support.

22nd trade unions, the Communist Youth League, women's Federation, the Federation of the disabled, neighborhood committees and village committees should be the perpetrator of the domestic violence law-related education, and harm, the victim can if necessary be counseling.

Fourth chapter physical security protection for 23rd parties being victims of domestic violence or face the real danger of domestic violence, to the people's Court for personal protection orders, the people's courts shall accept.

The party is a person without civil capacity or with limited capacity for civil conduct, or under coercion or intimidation, cannot apply for personal protection orders, their close relatives, the public security organs, women's associations, neighbourhood or village Committee, aid management agencies can apply for.

24th to apply for personal protection orders should be submitted in writing; there is difficulty in writing, orally, by the people's Court recorded.

25th personal security protection order cases by applicant or applicant's place of residence, family violence to the basic people's courts have jurisdiction.

26th personal protection orders made by the people's Court for determination of the form.

27th personal safety protection order, subject to the following conditions: (a) clear the respondent, (ii) specific requests, (iii) there is real danger faced by victims of domestic violence or domestic violence situations.

28th people's Court has accepted the application, should be made within 72 hours of personal protection orders, or to reject the application; the urgency of the situation, shall be made within 24 hours.

29th personal security protection order may include the following measures: (a) prohibit the respondent committed domestic violence, (b) prohibit the respondent harassed, tracked, contact the applicants and their close relatives; (c) orders the respondent to move out of the residence of the applicant; (d) other measures to protect the applicants ' personal safety. Article 30th safety protection is valid for not more than six months from the date of entry into force.

Personal security protection order expires, the people's Court may request of the applicant for cancellation, alteration or extension. 31st to reject the application of the applicant refuses or refuses to accept the applicant to personal safety and protection orders, can be determined from the date of entry into force to determine people's Court may apply for reconsideration once within the 5th.

Court protection orders for personal safety, personal safety protection order shall not be suspended during the period of reconsideration of the implementation. After the 32nd people's Court for personal protection orders, shall be served on the applicant and respondent, the public security organs, as well as residents ' and villagers ' committees and other relevant organizations.

Personal safety and protection orders executed by the people's Court, public security organs as well as neighbourhood or village Committee shall assist in the implementation.

Fifth chapter legal liability article 33rd perpetrators of family violence activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

Article 34th violate security of the person of the applicant a protection order, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the people's Court shall give a sermon, according to the seriousness of a 1000 Yuan fine, 15th the following detention.

Article 35th of schools, kindergartens, health care institutions, neighborhood committees and village committees, social work services, aid management agencies, welfare agencies and their staff do not report to the public security organs in accordance with article 14th, causing serious consequences, by superior departments or units directly responsible for the charge and other direct liable persons shall be given administrative sanctions.

The 36th national staff responsible for duties on domestic violence neglect, abuse, deception, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

Sixth chapter supplementary articles article 37th family members living together between those who commit acts of violence, reference to the provisions of this law. 38th article of the law shall enter into force on March 1, 2016.