Abstract：As the logical starting point for public authority intervention, the definition of domestic violence (the “definition”) determines the scope of application of anti-domestic violence laws. The United Nations’ legislative framework on anti-domestic violence along with the legislation of many countries and regions have seen a trend of continuous expansion of the definition and increasing concretization of its content. China’s Anti-domestic Violence Law extends the subjects of domestic violence from family members to “co-habitants other than family members”. The Anti-domestic Violence Law also broadens the range of domestic violence acts, no longer requiring a “certain degree of harm” as a prerequisite, and includes examples of psychological abuse, further specifying the definition. Such refinement in the Anti-domestic Violence Law aligns with the global trend in the development of the definition. However, the Anti-domestic Violence Law still has inadequacies regarding the definition, including the limited scope of subjects and ambiguous connotation for domestic violence, and inadequate enumeration of ways and types of domestic violence acts etc., which seem to have hindered the anti-domestic violence efforts in practice. Since the implementation of the Anti-Domestic Violence Law, the range of subjects of domestic violence has been extended. In the judicial arena, some judges have provided protection under the existing legal framework for former spouses and former cohabiting partners who have suffered breakup violence, by expanding the interpretation of “co-habitants other than family members”, issuing personality rights injunctions, and granting personal safety protection orders for minors who have witnessed the domestic violence. From the legislative perspective, the 2022 amendment to the Law on the Protection of Rights and Interests of Women and local regulations on anti-domestic violence in some provinces have included dating violence and breakup violence under regulation. Some local regulations stipulate that minors who have witnessed the domestic violence are also the victims of domestic violence. In addition, the conceptualization of domestic violence has become more concrete. The Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in Handling Cases involving Personal Safety Protection Orders, the Opinions on Strengthening the Implementation of the Domestic Violence Admonition System, several local anti-domestic violence regulations, as well as typical cases released by courts and women’s federations at all levels, have not only clarified the definition of “co-habitants other than family members”, but also expanded the enumeration of specific forms of physical and psychological violence. Furthermore, they have included provisions on sexual violence, economic control, domestic violence through acts of omission, as well as domestic violence perpetrated via online means and new media platforms. To some extent, these legislative and judicial expansions and concretizations of the definition of domestic violence have addressed the practical needs while also highlighting the limitations of the domestic violence definition under China’s Anti-Domestic Violence Law. Refining the definition of domestic violence is not only an inherent requirement for China to advance its anti-domestic violence efforts and expand the application scope of the Anti-Domestic Violence Law, but also a necessary response to the concerns raised by the Committee on the Elimination of Discrimination against Women. Specifically, the subjects of domestic violence should be extended to include individuals who have or have had intimate relationships, without requiring cohabitation as a prerequisite. Cohabitation should be explicitly defined as relationships where “co-habitants other than family members”, regardless of whether it involves heterosexual or homosexual cohabitation. The acts of domestic violence should be further spelled out. In addition to naming sexual violence and economic control as distinct types, illustrative examples of various forms of domestic violence should be added, such as minors witnessing domestic violence, forced sexual behavior, excessive control of or deprivation of property.
但淑华. 家庭暴力概念的扩展与具象化[J]. 浙江大学学报(人文社会科学版), 0, (): 1-.
Dan Shuhua. Expansion and Concretization of the Definition of Domestic Violence. JOURNAL OF ZHEJIANG UNIVERSITY, 0, (): 1-.
