AN AMERICAN CONCEPT WITH DISTINCTLY CHINESE CHARACTERISTICS: THE INTRODUCTION OF THE CIVIL PROTECTION ORDER IN CHINA
ROBIN R. RUNGE
This Article provides an analysis of the emerging legal system response to domestic violence in China, focusing on the implementation of a civil protection order for victims by comparing it with the U.S. version, using the North Dakota statute as a representative example. The first section of this Article is a brief introduction to violence against women and the development of laws to address domestic violence in the U.S. and China, including the civil protection order. The second section analyzes the implementation of the civil protection order in China and the U.S. This section provides a detailed comparison of the legal definition of domestic violence in the U.S. and China, the scope of protections available to victims in each country, evidentiary requirements, and enforcement provisions in the U.S. and China. The discussion highlights similarities and differences, exploring the societal and cultural sources of those differences, and implications of those differences for victims. The third section details challenges that Chinese
judges and advocates have identified as they implement the civil protection order, highlighting lessons learned from the U.S. experience.