3. Similarities and differences in terminology
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3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence
Domestic violence refers to physical and mental aggression between family members by beating, tying up, mutilation, restricting personal freedom, as well as frequent verbal abuse and intimidation.[34]
3.2 Stalking
Although there is no strict legal definition of "stalking," this act could constitute sexual harassment if it is of a sexual nature and is unwelcomed by the recipient of the act.
3.3 Harassment
There is no specific definition of "harassment" under the law, but the concept of "sexual harassment" is defined in the nonbinding "Shenzhen Prevention and Control of Sexual Harassment Guidelines." In these guidelines, sexual harassment refers to an unwelcome infringement of another person's rights by means of words, texts, images, physical acts, etc., with sexual content, which causes offense, coercion and humiliation, and leads to negative psychological effects or a hostile and unfriendly working (study) environment.[35]
3.4 Victim
There is no statutory definition of a victim.
3.5 Abuser
There is no statutory definition of an abuser.
3.6 Civil protection order
A personal security protection order is a civil compulsory measure, which is a ruling made by the people's court to protect the personal safety of victims of domestic violence, their children and specific relatives and to ensure the normal conduct of civil proceedings.[36]
3.7 Causes of action
There are multiple causes of action that can be pursued depending on the nature of the abuse suffered by the victim — see above.
3.8 Marital rape
Marital rape is the act of sexual intercourse with one's spouse without the spouse's consent. Marital rape is not specifically defined under the law. Nevertheless, judging from the literal provisions of Article 236 of the Criminal Law, marital rape is not excluded from the crime of rape. The rape of a wife by a husband could constitute the crime of rape.
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?
N/A