China Drafts Its First Domestic Violence Law, but Rights Advocates Say It Falls Short For nearly two decades, Chinese feminists, lawyers and rights advocates have called for laws to tackle violence in the family. This week the government published a draft of what would be China's first national law addressing the issue, and while activists welcome it as a step forward, they also say it falls short of what is needed. The draft of the proposed Anti-Domestic Violence Law was published on Tuesday by the State Council's Legislative Affairs Office. Citizens have a month to tell the government what they think of the draft, after which it will enter the legislative calendar. Although the country's Family Law was amended in 2001 to ban domestic violence for the first time, the term was not legally defined. The new draft legislation, by contrast, cites violence between married couples, which the government says occurs in one-quarter of families (others have offered higher estimates). The draft also details other forms of abuse within families, such as parents beating children and attacks on the elderly. According to figures released in 2010 by the All-China Women's Federation, 53 percent of boys and 33 percent of girls were physically punished at home. This still defines the problem too narrowly, rights groups say, for example by not mentioning sexual or economic abuse. Nor does it consider unmarried partners or the divorced. Article 2 of the draft legislation says: "Domestic violence refers to physical, psychological or other infractions committed between family members." "It's good that it's out, and there will be many comments and proposals for improvement made by groups during this month," said Zhang Rongli, a lawyer at China Women's University in Beijing. But, Ms. Zhang added, "Women's rights groups feel that the definition of domestic violence is too narrow. It focuses on physical and emotional harm. Sexual and economic violence are not included. In addition, she said, many people want a broader definition of what constitutes a "family." "For example," she said, "the status of unmarried couples that live together, that's not clear." Nevertheless, in a society molded by Confucian principles that President Xi Jinping of China is trying to revive, the intrusion of the law into the heart of the family is expected to jolt many. By tradition, a father rules absolutely, giving rise to the phrase "What father says, goes" (父亲说算). That point has come up frequently on radio talk shows this week as hosts reminded listeners: "When this law takes effect, hitting your wife will be exactly the same as hitting anyone else." "This law is definitely a positive step in the right direction," said Maya Wang, a China researcher with Human Rights Watch. The law outlines the responsibilities of the various government departments in cases of domestic violence, making it easier for victims to access protection. But there are some major loopholes in the law that threaten to undermine the gains. "First of all, the definition of domestic violence is highly problematic," Ms. Wang said. It doesn't include some intimate relationships including those who aren't married, same-sex couples and those who are divorced. The All-China Women's Federation said this week that 40 percent of women in relationships, in and outside marriage, have experienced abuse. It also doesn't address economic violence that often accompanies physical and psychological violence - like when an alcoholic husband takes all his wife's earnings and beats her. Those issues were highlighted during the recent retrial in Sichuan Province of Li Yan, a 43-year-old woman who had been sentenced to death for killing her husband during an argument. In addition to his physical violence, Ms. Li and her lawyers cited regular sexual and economic abuse. The husband, Tan Yong, limited Ms. Li to 100 renminbi, or $16, per month for household expenses and beat her if she overspent, they said. He gave her only 20 renminbi a month for her mobile telephone. After she killed him, beating him with the barrel of his gun, she did not call the police because her phone had no credit, instead asking a neighbor to do so. Mr. Tan also raped Ms. Li after beating her, said one of her lawyers, Wan Miaoyan. In court, in accounts that quieted Mr. Tan's relatives shouting for revenge, Ms. Li's lawyers spoke of his "tastes," without giving details. In a later interview, they said Ms. Li was anally and orally raped by Mr. Tan. "Sexual violence is really, really hard for Chinese people to talk about," said Li Xinmo, an artist who has examined the topic in her installations. Many people actually think it's pretty normal. And the victims are so ashamed they can't talk about it. The draft law's preamble says its aim is "to preserve equal, harmonious and civilized family relationships and to promote social stability." In a move welcomed by activists, it would establish a legal obligation for schools, hospitals and other social organizations to report such violence where they suspect it and for the police to respond to such reports. Most victims of family violence have difficulty getting the attention of the police or the other authorities, victims and advocates say. Ms. Wang said the draft legislation would not do enough to solve that. Although the proposal would require police officers to look into reports of violence, it also says the police may merely issue a "written warning" if they do not consider the situation serious enough for criminal or administrative penalties. "This provision can provide opportunities for officers to shirk responsibilities from taking further actions," Ms. Wang said. Written warnings are not enough. The law should require the police to advise the women on their rights and options, and refer them to services and support organizations.