ABSTRACT
The problem of domestic violence in China is serious, but the term ‘domestic violence’ has become known to China only very recently. Along with its active participation in the international arena regarding domestic violence against women, China has been undergoing a process of reforming its domestic legislation to address the issues. In China, different legislative instruments have adopted their own definitions of domestic violence. In China’s legislation regarding domestic violence, all Acts use or partly use the term ‘family members’. It has been widely accepted internationally that domestic violence should include physical, sexual, psychological and economic violence. In practice, it is still difficult to establish marital rape in China, especially when the marriage still exists. Private prosecution is a right of the victim of domestic violence. In China, private prosecution is more commonly called ‘to be handled only upon complaint’.
