In the People's Republic of China (PRC), the Anti-Domestic Violence Law regulates "domestic violence." In addition, other laws, regulations, court opinions and government guidelines are aimed at preventing "domestic violence." The following are the major laws and regulations on domestic violence/abuse in the PRC. As the PRC's regulations on domestic violence are scattered across various legal documents, the following list is non-exhaustive.

Constitution Law

This legislation contains the fundamental rules that mothers are protected by the state and abuse of women is prohibited.^[1]

Civil Code

This legislation expressly prohibits domestic violence and provides for the rights and remedies of victims of domestic violence in divorce cases.^[2]

Anti-Domestic Violence Law

This law specifically prevents and stops domestic violence. It protects the rights and interests of family members, and provides legal remedies for victims of domestic violence.

Guiding Opinions on Good Shelter and Rescue Work for Victims of Domestic Violence

This guiding opinion — formulated by the Ministry of Civil Affairs and the All-China Women's Federation — is aimed at strengthening the protection of victims of domestic violence, especially the personal safety and other rights and interests of women and other vulnerable groups who are victims of domestic violence, as well as focusing on sheltering and aiding victims of domestic violence.

Guide to Hearing Matrimonial Cases Involving Domestic Violence

This court guide — compiled by the Supreme People's Court of the PRC ("Supreme People's Court") — provides a professional resource manual for judges handling cases involving domestic violence in marriage and family to facilitate the improvement of the efficiency of handling cases and the quality of distributing justice.

However, this guide is not a judicial interpretation and it cannot be used as a legal basis for judges to adjudicate cases, but it can be cited as a basis for the reasoning part of the judgment.

Several Opinions on the Prevention and Stopping Domestic Violence

These opinions — jointly issued by the Central Propaganda Department, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice, the Ministry of Health, the All-China Women's Federation and seven other departments — are aimed at further preventing and stopping domestic violence; protecting the legitimate rights and interests of citizens, especially women and children in accordance with the law; establishing equal and harmonious family relations; maintaining family and social stability; and promoting the construction of a harmonious socialist society.

Reply of the Supreme People's Court on Procedural Issues Related to Personal Security Protection Order Cases

This reply was issued by the Supreme People's Court at the request of the Beijing High People's Court on procedural issues related to personal security protection order cases, including whether to charge litigation fees, whether to provide security, what procedures apply, whether to listen to the views of the respondent, the respondent's reconsideration, etc.

Circular of the Supreme People's Court on Giving Full Play to Civil Trial Functions to Safeguard the Lawful Rights and Interests of Women, Children and the Elderly in Accordance with the Law

This circular — formulated by the Supreme People's Court in response to the requirements of a civil trial — is aimed at giving full play to the function of a civil trial and protecting the legitimate rights and interests of women and other groups in accordance with the law.

This circular explicitly calls for opposing domestic violence and protecting the legitimate rights and interests of women and other victimized groups.^[3]

Opinions of the Supreme People's Court on Further Deepening the Reform of Family Trial Methods and Working Mechanisms (for Trial Implementation)

This trial opinion was proposed by the Supreme People's Court based on summarizing the pilot work of some courts since 1 June 2016 to further deepen the reform of family trial methods and working mechanisms.

This trial opinion provides remedies such as family investigators, psychological counseling and personal security protection orders in its articles.^[4]

Notice on Further Strengthening Cooperation to Establish a Sound Working Mechanism for the Protection of Women's and Children's Rights and Interests

This notice — issued jointly by the Supreme People's Court and the All-China Women's Federation — is aimed at requiring the courts and women's federations at lower levels to combine the practical implementation of relevant laws and regulations, to strengthen cooperation in the process of deepening the reform of family trials, and to safeguard the legitimate rights and interests of women and children in accordance with the law.^[5]

Law of the PRC on Public Security Administration Punishment

This legislation provides administrative penalties for abusing family members. It provides that if a family member is abused, the perpetrator can be sentenced to detention for up to five days or given a warning.^[6]

Criminal Law

This legislation criminalizes intentional homicide, intentional injury, negligent infliction of serious injury,^[7] abandonment, insults and violent interference with the freedom of marriage.

Opinions on Legally Handling Domestic Violence Crimes

This opinion — jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice — is aimed at actively preventing and effectively punishing domestic violence crimes, effectively safeguarding human rights and strengthening the criminal judicial protection of victims of domestic violence. This opinion provides in detail the principles, procedures, convictions, sentences and other related measures for handling cases involving domestic violence crimes.

Law on the Protection of the Rights and Interests of Women

This legislation prohibits sexual harassment and domestic violence against women.^[8] It provides for administrative and criminal liability for sexual harassment or domestic violence against women.^[9]

Special Regulations on the Labor Protection of Female Employees

This legislation stipulates that the employer will provide protection for female employees in the workplace regarding the prevention and suppression of sexual harassment.^[10]

The PRC is a civil law country and it does not practice a case law system. However, from time to time, the Supreme People's Court and the Supreme People's Procuratorate will issue typical cases on anti-domestic violence, which can serve as guidance to the lower courts and procuratorates for handling similar cases. Below is a list of typical cases issued by the Supreme People's Court and the Supreme People's Procuratorate since the implementation of the Anti-Domestic Violence Law.

1. 

Publication authority: Supreme People's Court

Publication date: 14 March 2015

Publication title: "Supreme Court issues typical cases of crimes involving domestic violence"^[11]

Source: http://www.court.gov.cn/zixun-xiangqing-13615.html

2. 

Publication authority: Supreme People's Court

Publication date: 8 March 2017

Publication title: "The Supreme People's Court issued ten typical cases of the first anniversary of the implementation of the Anti-Domestic Violence Law"^[12]

Source: https://www.pkulaw.com/chl/b4df475fcf4b2cf1bdfb.html

3. 

Publication authority: Supreme People's Court

Publication date: 25 November 2020

Publication title: "Top Ten Typical Cases of the Supreme People's Court on PS PO"^[13]

Source: http://www.court.gov.cn/zixun-xiangqing-274801.html

4. 

Publication authority: Supreme People's Procuratorate

Publication date: 28 April 2021

Publication title: "Typical cases of domestic violence crimes punished according to law"^[14]

Source: https://www.spp.gov.cn/xwfbh/wsfbt/202105/t20210507_517255.shtml#2

The civil trial courts and criminal trial courts in the PRC can address incidents of domestic violence.

Since 1 June 2016, the Supreme People's Court has announced that more than 100 designated intermediate and first instance courts nationwide will carry out a two-year pilot project on reforming family trial mechanisms. Most of the pilot courts have set up "family-oriented" courtrooms by creating family courtrooms, and they have formulated corresponding trial rules by taking into account the characteristics of local family trials.^[15] However, the family court is still a branch of the civil court.

According to the relevant provisions of the Anti-Domestic Violence Law and the Law on the Protection of the Rights and Interests of Women, if the aggressor commits domestic violence or sexual harassment or the respondent violates the personal security protection order, which constitutes a crime, criminal liability will be prosecuted according to the law.^[16] Cases involving domestic violence crime are heard by the criminal trial courts.^[17]

In short, the civil trial courts and criminal trial courts in the PRC address incidents of domestic violence, while some pilot courts have set up particular civil trial courts to better address domestic violence cases.

In the PRC, victims of domestic violence may file civil and criminal lawsuits.

For civil lawsuits, the types of cases filed by victims of domestic violence include "personal security protection order cases," "marriage and family cases and their incidental cases (including divorce, marriage annulment, etc.)," "cohabitation relationship dispute cases," etc.^[18] Our observation is that, currently, "personal security protection order cases" and "divorce cases" represent the majority of civil cases in practice.