Harsh punishment

Since 2021, Chinese prosecutors have charged over 3,400 suspects involved in domestic violence, according to the latest data released by the Supreme People's Procuratorate.

For those involved in egregious criminal behavior, prosecuting bodies have recommended heavier penalties in line with the law.

Xu Hao, a lawyer from Beijing Jingsh Law Firm, praised the ongoing judicial efforts against perpetrators, but suggested standards of physical injuries and mental trauma should be further specified through legal provisions.

"Some parents mistakenly justify violent behavior, such as hitting and scolding, as normal discipline, which is certainly wrong," he said.

"However, current laws do not clearly differentiate between appropriate discipline and domestic violence. This ambiguity leads some parents to believe that their strict disciplinary methods are acceptable, which creates challenges for judicial workers when handling such cases."

Now, judges primarily consider factors such as the frequency of violent actions and the severity of the harm, when convicting and sentencing perpetrators. Other factors that need to be considered should also be further clarified by law, he said.

Tong, from the legal aid and research center, said many people tend to excuse parents for using harsh methods to discipline their children. In some cases where parental abuse has led to a child's serious injury or death, some courts have even imposed relatively lenient penalties.

"The legal system's role in punishment and deterrence is falling short. Consequently, many perpetrators of domestic violence that lead to death or serious injury escape the punishment they deserve, which also misleads the public into thinking such harsh methods are acceptable," he explained.

In addition to recognizing domestic violence as a crime, he suggested courts impose more severe penalties for intentional injury or intentional homicide based on the perpetrator's violent methods, frequency, intent and the outcome of their actions.