Summary of Key Points
This report takes the tragic death of Changsun Zengli's sister, who was killed by domestic violence, as a starting point to connect multiple cases of domestic violence-related deaths, including that of Dong Mouhui, a female nurse from Shaanxi, and Zu Xiangcui from Sichuan. It reveals that even ten years after the implementation of the Anti-Domestic Violence Law, there are still systemic inertia issues in addressing domestic violence at the grassroots level: the police tend to mediate rather than enforce separation, courts have difficulty granting divorces, the evidence required is high, and the legal tools (warning letters/protective orders) are poorly implemented. As a result, victims have no recourse, and perpetrators can repeat their violent acts with little consequence, leading to tragic outcomes. The report also reflects on the psychological motivations of the perpetrators and the necessity of improving the system.
1. Why do police always suggest reconciliation? It's not that they don't want to intervene, but there are underlying difficulties
After many victims report domestic violence, the police's first reaction is to suggest reconciliation rather than separation. This is not simply a lack of concern; it reflects the practical challenges faced by frontline officers:
- Overcrowded workload: Domestic violence incidents often occur in the early hours of the morning. Handling such cases involves taking statements, conducting medical examinations, and transporting the perpetrator to detention, which can take all night. Officers also have to patrol and oversee school security, making mediation the easiest option.
- Performance pressure: Repeated reports can affect their evaluations, so officers are reluctant to handle these cases poorly.
- Victim hesitation: Some victims report the violence just to vent their anger and do not want the perpetrator to face consequences, such as affecting their children's future applications for government jobs.
- Cultural inertia: Some officers still view domestic violence as a private matter and find it difficult to change their mindset despite legal prohibitions.
For example, when Changsun Miaomiao reported the violence, the officer suggested reconciliation, ignoring her fears due to the need to maintain stability and avoid extra work.
2. Why is divorce so difficult? Evidence for domestic violence is hard to obtain, and courts are wary of complications
Getting a divorce to escape domestic violence is more difficult than it seems:
- High evidence requirements: Photos of bruises can only prove injury but not that the spouse was the perpetrator; conclusive evidence includes surveillance footage, police reports, and medical examinations. For instance, the bruises and chat records provided by Changsun Miaomiao were not recognized by the court.
- Judicial inertia: In the first divorce lawsuit, even with evidence of domestic violence, courts are unlikely to grant a divorce (due to industry norms). In subsequent lawsuits, if the perpetrator threatens the judge or the plaintiff, the court may be hesitant to make a decision.
- Heavy workload: Judges handle 600 cases per year (70% more than the national average), and after granting a divorce, they must also deal with property division and child custody, preferring to avoid additional complications.
As a result, Changsun Miaomiao's two attempts at divorce were unsuccessful, and she was killed 14 days later. Divorce has become a dead end for her.
3. Why are warning letters and protective orders ineffective? They either aren't issued or fail to be enforced
The legal tools provided (warning letters and protective orders) often fail in practice:
- Warning letters: They are not issued when necessary (for example, if the victim is beaten in public but the officer fears it will escalate tensions), or the perpetrator is only given a warning letter instead of facing criminal charges even if the injury is severe.
- Protective orders: Even if issued by the court, they are not enforced, allowing the perpetrator to continue harassing the victim. For example, some victims who receive protective orders are still stalked by their spouses.
These tools are supposed to provide safety, but their lack of effectiveness prevents violence from being stopped.
4. Why do perpetrators repeat their behavior? Because they believe they can get away with it
The impunity of perpetrators stems from the lack of consequences:
- Low cost of domestic violence: Changsun Zengli himself had previously abused his wife without facing any consequences, and Zhang Xin repeatedly assaulted Changsun Miaomiao without being detained or sentenced, eventually leading to her death.
- Power satisfaction: The sense of control gained through violence becomes addictive. For instance, Changsun Zengli described the fight as increasingly exciting, and Zhang Xin said he could do more despite apologizing.
As Changsun Zengli stated, "You can beat someone at home without any consequences," this sense of impunity allows violence to escalate.
5. The way forward: The system must be strengthened; we can't rely solely on persuasion
To address the issue of domestic violence, we need to change the system:
- Strict rules: Establish clear regulations that require the issuance of warning letters for every instance of domestic violence and the granting of divorces in such cases, leaving no room for mediation.
- Better legal coordination: Establish a "crime of domestic violence" to hold repeat offenders accountable, even if the violence does not result in serious injury.
- Improved enforcement: Ensure that protective orders are enforced, with clear responsibilities for those who violate them (for example, by detaining the perpetrator).
Only by making perpetrators face real consequences can violence be stopped. It's like Xiao Xie, the survivor in this story, who did not dare to put the knife back in the kitchen until her husband was imprisoned.
Conclusion
Domestic violence is not a private matter; it is a criminal offense. Although we have seen progress (such as a doubling of the number of warning letters issued), we must also pay attention to the victims who have not escaped this cycle of violence. To break these systemic inertia issues, we need stricter laws and greater public tolerance for domestic violence. Every attempt at reconciliation can be an encouragement for more violence to occur.