China embraces Domestic Violence Restraining Orders

"Legal aid"

In the 1970's states across the United States responded to the women’s movement’s alerts about the prevalence of domestic violence.  Courts had been passive and policemen commonly responded to calls from women (911 did not exist yet) with admonitions to calm down, often leaving the angry husband in the house or apartment if it was “his”.  Domestic violence laws created the now widespread (perhaps too often relied upon) commands to arrest and remove the alleged offender from the home.  That was followed by routine restraining orders issued by low local courts.  China has similar problems and Robin Runge, with the benefit of a Fulbright grant, got to study the migration of the American idea to China.  - GWC

AN AMERICAN CONCEPT WITH DISTINCTLY CHINESE CHARACTERISTICS: THE INTRODUCTION OF THE CIVIL PROTECTION ORDER IN CHINA 

ROBIN R. RUNGE

ABSTRACT

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.