Chinese authorities clarify criteria for evidence identification of domestic violence

Chinese authorities recently released guidelines to strengthen the implementation of the domestic violence warning system, which clarify evidence identification criteria for domestic violence cases, China Central Television reported on Monday.

Released jointly by nine departments including the Ministry of Public Security, Supreme People's Court, and Ministry of Education, the guidelines, comprising 24 articles, seek to enhance the system's effectiveness in preventing family and relationship disputes, curbing domestic violence, and promoting equality, harmony, and civility within the families. 

The guidelines set clear evidence standards for public security authorities to confirm cases of domestic violence. If the perpetrator does not dispute that domestic violence was committed, evidences such as statements from the perpetrator, the victim, or witnesses are required. 

If the perpetrator denies committing domestic violence, the victim's statements or witness testimonies and another form of supporting evidences are required, according to the report.

The guidelines also specify the types of supplementary evidences that public security authorities could use to establish cases of domestic violence, including audio-visual recordings documenting the violence, phone recordings, text messages, and emails. 

Testimonies from relatives, neighbors, or other witnesses are also admissible, as are statements made by minor children appropriate to their age and cognitive abilities. Additional forms of evidence include apologies or pledges from the perpetrator, injury assessments, medical records, and records of complaints filed with relevant agencies.

The guidelines also clarify regulations for issuing warning notices, including their content and procedural requirements. In cases where domestic violence is minor and does not warrant administrative penalties under the law, public security authorities could issue a warning notice or provide the perpetrator with educational reprimands. 

If domestic violence is confirmed, minor in nature, and involves situations such as the perpetrator having previously been reprimanded by the authorities for similar acts, a warning notice is generally required. Additionally, in cases of exceptionally minor violence where the victim has granted forgiveness, authorities may choose to provide educational reprimands or take other appropriate actions.

The guidelines also define the roles and responsibilities of eight relevant departments to enhance collaboration, such as courts, education, civil affairs and women's federations.

In 2023, public security authorities issued 98,000 warning notices in accordance with the provisions of China's Anti-Domestic Violence Law , acting as a significant deterrent against domestic violence, according to the report.