One of the foundations of a harmonious society. It is worth noting that the theoretical research and judicial practice on domestic violence have increasingly become the focus of legal work in China. Chapter 1 Overview of Domestic Violence Section 1 The concept of domestic violence-Different understandings at home and abroad. In foreign countries, the research and legislation on domestic violence have been carried out earlier than in China, and there have been many years of theoretical research and practical experience. Representative, for example, British scholars believe that "domestic violence refers to the violence and abuse committed by male partners to dominate and control women during or after the dissolution of the relationship." From the perspective of British scholars, "family" not only refers to the same life with marriage and identity, but also includes cohabitation and violence after the termination of marriage. "Violence" mainly refers to the harmful behavior that men do to women. In our country, it is generally believed that domestic violence refers to the violent behavior of family members who violate their physical, mental and sexual rights by violence, coercion, destruction, torture or other means in a family based on marriage, consanguinity and legal relationship. Sociological Understanding Sociologists believe that domestic violence is not only a legal problem, but also a social problem. To effectively curb domestic violence, we must carry out a top-down and bottom-up public campaign against domestic violence while amending the existing laws, and change the gender discrimination in traditional culture and the public's understanding of domestic violence through social means such as training and publicity. Provide effective social assistance to victims of domestic violence (mainly women), promote gender equality within the family, and take opposing domestic violence as an important part of maintaining family harmony and social harmony. The definition of domestic violence in Chinese law Article 3 of the Amendment of Marriage Law stipulates that "domestic violence is prohibited". Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China clearly stipulates the scope of domestic violence: "Domestic violence refers to the behavior of the perpetrator who causes physical and mental health problems of family members by beating, binding, maiming, forcibly restricting personal freedom or other means. In the past, the victims were mainly women, children and the elderly, but with the development of society, there was a new trend, and men began to become victims of domestic violence. The "domestic violence" referred to in this paper mainly refers to the violence between family members, that is, between husband and wife, that is, between marriage subjects. Section 2 Forms and Causes of Domestic Violence-Forms of Domestic Violence From the current manifestations, there are three main forms of domestic violence, namely physical violence, mental violence and sexual violence. 1 Physical violence refers to the behavior that the perpetrator causes certain harm to the body and spirit of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Mental violence and sexual violence refer to implicit violence such as suggestive threats, verbal attacks, unreasonable criticism or indifference to the other party, stopping or perfunctory sexual life, as well as intentional attacks on sexual organs, compulsive behavior, sexual contact, etc. This kind of violence is much more harmful than physical violence. Second, the reasons for domestic violence 1 The influence of traditional patriarchal culture is an important reason for domestic violence. China's long-standing cultural foundation is male-centered culture, and the status of men and women in the family and social structure is extremely unequal, especially the "three obedience" thought advocated by ancient feudal ethics in China. Although the deep-rooted male chauvinism has changed a lot, the legacy still exists. 2 differences in economic and social status of family members. Members in a strong position often occupy a dominant and dominant position in family life, while members in a weak position often rely on them in economy and life. Once a family conflict occurs, members in a weak position will usually become the object of venting, mostly in resignation. And this weak reaction makes the perpetrators do not have to bear any responsibility for their actions. With the development of society, the pace of work and life is accelerating, and people are facing increasing pressure and psychological burden. Long-term accumulation needs to be completely vented. Once this kind of emotion is brought home by mistake, it can easily become the fuse of domestic violence. 4 the impact of the overall social environment. On the one hand, society has not yet formed an effective solution to the ugly phenomena that easily lead to domestic violence, such as alcoholism, drug abuse, bigamy and extramarital affairs. On the other hand, domestic violence has long been regarded as a family matter. Under normal circumstances, few relevant departments will take the initiative to take care of it. Although the nature of domestic violence is worse than the general violence in society, it has become a vacuum zone where relevant departments do not intervene and the punishment is too light. In fact, it indulges the perpetrators and loses the deterrent and preventive functions that the law should have. Section III Social Harm of Domestic Violence Domestic violence not only directly damages women's physical and mental health and personal dignity, but also leads to the breakdown of marriage and family and damages children's physical and mental health. More dangerous, because of family.
Suicide and homicide caused by violence have seriously affected social stability and security and hindered the construction of a harmonious socialist society. First, it leads to the breakdown of marriage and the disintegration of the family. The husband's violence against his wife has seriously damaged his wife's physical and mental health, and also damaged the harmony of the family and the feelings between husband and wife. In the face of a cruel husband, the wife has no love in her heart and has to choose a divorce. 2. Seriously endangering children's physical and mental health. Statistics show that more than 60% people often commit violence against their children while committing violence against their spouses. Experts pointed out that even if they are not beaten, children who see domestic violence suffer the same injuries as children who are physically abused. They will be depressed, become weak or cruel, their academic performance will drop, and they will be suicidal. These effects will still exist in adulthood. In addition, most children from violent families have domestic violence when they grow up, and the proportion of illegal crimes is also high. (3) Fighting violence with violence Some women suffer from domestic violence, but they fail to solve the problem through effective channels. Physical and psychological pain reminds them of fighting violence with violence. This is the so-called "battered woman syndrome", which has seriously affected family harmony and social stability. Domestic violence, which creates social instability, not only directly damages women's physical and mental health and personal dignity, but also brings social instability and further promotes the spread of unhealthy cultures such as gender inequality and violence. Its great harm to life and resources shows that the influence of domestic violence goes far beyond the scope of the family. It is extremely harmful to individuals, families and society, so it is imperative to prevent and stop domestic violence. Chapter II Current Situation of Domestic Violence in China and Legal Intervention Section I Current Situation of Domestic Violence-Specific Situation of Domestic Violence 1 The number of domestic violence against women's rights and interests is on the rise. According to incomplete statistics, compared with the 1980s, domestic violence in China increased by 25.4% in the 1990s. Taking Qingdao Women's Federation as an example, "9 1" received 358 domestic violence incidents, accounting for 15.5438+0% of such visits, and it has increased to 25.7% by 196. According to the data of the judicial department, domestic violence cases account for about 30% of marriage cases, and in some areas it is as high as 50%. In 2000, Jiangsu Women's Federation conducted a survey in Nantong Prison Women's Sub-ward. The survey results show that among 237 violent families, 125 people's crimes are directly related to domestic violence, accounting for 52.74%. Among 125 women who directly committed crimes due to domestic violence, 93 women were beaten and abused by their husbands for a long time, accounting for 74.4%. Their crimes involve murder, prostitution, injury, trafficking, theft, fraud, robbery, arson, explosion and so on. And 62 people committed intentional homicide, accounting for 49.6%; Malignant cases such as injury, poisoning, explosion and arson 17, accounting for 13.6%. Xu, a woman from a town in Qixia District, has frequently petitioned the town and district government to make trouble because of domestic violence in the past two years, which seriously interferes with the normal working order of government agencies. Two. Anti-domestic violence The Government of China has always attached importance to the protection of women's rights and interests. In order to effectively protect women's personal rights and achieve gender equality in all fields, a series of measures have been taken in the field of anti-domestic violence in recent years. Actively mobilize all social forces, encourage multi-sectoral cooperation and oppose domestic violence, including: setting up special government agencies to safeguard the rights and interests of women and children; Establish a multi-sectoral coordination and deliberation body to protect the rights and interests of women and children; Set up a domestic violence complaint accepting institution in public security organs; Establish a system of special jurors in court; Establishing women's legal aid institutions; Establish domestic violence disability appraisal centers and shelters; Give full play to the advantages of women's organizations in combating domestic violence. Many provinces, autonomous regions and municipalities directly under the Central Government have also issued local laws or policy documents on domestic violence. Social intervention mechanisms such as government departments, judicial organs and women's federations have been established, such as coordinating bodies for safeguarding women's rights and interests, "1 10" domestic violence alarm center, domestic violence disability appraisal center and shelters. At the same time, there is a growing social voice demanding that domestic violence be clearly stipulated in national legislation. The second section "domestic violence" is a legal issue, which is divided into three stages: the first stage,1before the Fourth World Conference on Women was held in Beijing in 995. At present, the provisions of the Constitution, Criminal Law, Law on the Protection of Women's Rights and Interests, Law on the Protection of Minors, Marriage Law, Regulations on Administrative Penalties for Public Security and other laws promulgated in China all embody the spirit of the state to protect the rights of family members and prohibit domestic violence. But in fact, the problem of domestic violence has not attracted the general attention of the public and law enforcement agencies. Domestic violence is usually regarded as a family dispute and is mainly handled through civil mediation. The second stage is from 1995 to 200 1, before the amendment to the marriage law is passed. From 65438 to 0995, the China government successfully held the Fourth World Conference on Women in Beijing.
Both the Beijing Declaration and the Platform for Action have re-emphasized and reaffirmed the determination and attitude of the international community against domestic violence. The problem of domestic violence has attracted more and more attention in China society. The propaganda of anti-domestic violence has been significantly increased, the research on relevant legislation has been strengthened, and the means of legal intervention and judicial support have increased significantly. It is particularly noteworthy that 1996, Changsha City, Hunan Province passed the Provisions on Preventing and Stopping Domestic Violence, which was the first local policy against domestic violence in China. In March 2000, the Standing Committee of Hunan Provincial People's Congress passed the Resolution on Preventing and Stopping Domestic Violence, which was the first local law against domestic violence in China, and the word "domestic violence" first appeared in the laws of China. 3. After the third stage of Amendment 200 1 Marriage Law was passed. On April 28th, 2000/KLOC-0, the National People's Congress Standing Committee (NPCSC) adopted the Decision on Modification. The revised Marriage Law clearly stipulates that "domestic violence is prohibited" in the general provisions, and regards domestic violence as one of the legal circumstances that the court should grant divorce, and specifically stipulates the rescue measures for victims of domestic violence and the legal responsibilities of the perpetrators. This is the first time that China has made clear provisions on domestic violence in national legislation, which is a major breakthrough in China's anti-domestic violence legislation and has a milestone significance. Since then, the legal intervention against domestic violence has received further attention, and the Supreme People's Court has promulgated the Opinions on Several Issues Concerning the Application of the Law against Domestic Violence in People's Republic of China (PRC).
& 92 (* "3 (-7%+2 $ rights and interests of all vulnerable groups such as children and the elderly. 2 National Legislation (1) The provisions of the Constitution on the protection of civil rights and equality between men and women are the legislative basis of China's anti-domestic violence. (2) The Law on the Protection of Women's Rights and Interests clearly stipulates that women enjoy equal rights with men in political, economic, cultural, social and family life. Although the concept of "domestic violence" is not used, the spirit of opposing all forms of violence against women, including domestic violence, and protecting women's rights and interests runs through the whole law (general provisions, articles 33-35 and 40-42). (3) The relevant provisions of the Law on the Protection of Minors embody the spirit of prohibiting domestic violence against minors and protecting their rights and interests (General Provisions, Chapter II, Articles 47 and 52). (4) The General Principles of the Civil Law stipulates the protection of citizens' rights such as life and health, reputation and freedom of marriage (Article 98, 10 1 03), and stipulates the corresponding forms of tort liability (Article 134). (5) The Marriage Law is the first law in China that explicitly prohibits domestic violence. It provides relief measures for victims of domestic violence: victims have the right to seek relief from residents' committees, villagers' committees, their units and public security organs (Article 43); At the request of the victim, the corresponding institutions shall take rescue measures; If the case constitutes a crime, the judicial organ shall investigate the criminal legal responsibility according to law (Articles 43 and 45). It is stipulated that domestic violence is one of the legal circumstances for the court to grant divorce (Article 32), and it is stipulated that if divorce is caused by domestic violence, the victim has the right to claim damages (Article 46). (6) The Inheritance Law stipulates that domestic violence may lead to the loss of inheritance rights: "intentionally killing the decedent", "killing other heirs to compete for inheritance rights", "abandoning the decedent or maltreating the decedent in serious circumstances" will lose the inheritance rights (Article 7). The Criminal Law punishes those who commit domestic violence as a crime through provisions on crimes and penalties such as murder, injury, rape, insult, illegal detention, crime of trafficking in women and children, violent interference in other people's marriage, abuse and abandonment (Articles 232-238, 240, 246, 257, 260 and 2665-438+). (7) The Administrative Law prohibits domestic violence by stipulating administrative penalties and administrative offices. For example, in the Regulations on Administrative Penalties for Public Security, if the violation of others' personal rights is not serious enough for criminal punishment, it is stipulated that "beating others, causing minor injuries", "illegally restricting others' personal freedom" and "maltreating family members and requiring the abused person to be treated" shall be detained, fined or warned by the public security organs (Article 22). (8) Procedural law, including criminal procedural law and civil litigation.
The procedural law and administrative litigation law stipulate the ways for victims of domestic violence to seek judicial relief: to pursue the civil liability of the perpetrators through civil litigation; If a crime is constituted, a private prosecution shall be initiated in accordance with criminal proceedings, or the criminal responsibility of the perpetrator shall be investigated by judicial organs in accordance with legal procedures through notification; If the public security organ fails to perform the duties of stopping or punishing domestic violence according to law, the victim may, in accordance with the provisions of the Administrative Procedure Law, require it to perform within a time limit and compensate the corresponding losses. & ampn
Bsp(9) Local regulations. Since the promulgation and implementation of the Law on the Protection of Women's Rights and Interests, 3/kloc-0 provinces, autonomous regions and municipalities directly under the Central Government have successively issued implementation measures to ensure the implementation of the Law on the Protection of Women's Rights and Interests. By July 2003, the people's congresses of seven provinces and autonomous regions, including Hunan, Sichuan, Ningxia, Jiangxi, Shaanxi, Hubei and Heilongjiang, had successively passed the Resolution on the Prevention and Suppression of Domestic Violence and other special local laws and regulations against domestic violence. Judicial measures to oppose and stop domestic violence need not only perfect legislation, but also effective law enforcement. In judicial practice, domestic violence cases can be divided into civil cases and criminal cases. Criminal cases involving domestic violence refer to cases that hurt family members, violate the Criminal Law of People's Republic of China (PRC) and constitute crimes. Civil cases involving domestic violence refer to injuries among family members and are handled in accordance with relevant civil laws. These two different types of cases are different in law application, handling methods and basic procedures. 1 Law enforcement of criminal cases involving domestic violence (1) In practice, criminal cases involving domestic violence mainly include: minor injuries caused by domestic violence; Cases of serious injury caused by domestic violence, cases of homicide caused by domestic violence and criminal cases of domestic violence caused by battered women changing from victims to abusers. (II) Trial Procedure Cases of domestic violence that violate the Criminal Law of People's Republic of China (PRC) and constitute a crime shall be tried in accordance with the procedures stipulated in the Criminal Procedure Law of People's Republic of China (PRC). It mainly includes the procedure of first instance, criminal procedure of second instance, trial procedure and execution procedure. 2 Law Enforcement of Civil Cases Involving Domestic Violence (1) The current legislation in China does not specify the reasons for "domestic violence". In judicial practice, the cases of domestic violence tried by judges mainly include: divorce cases caused by domestic violence, compensation conditions for damages caused by infringement of women's personal rights, etc. Some also try to directly characterize it as a "domestic violence case". (II) Trial Procedure Cases of domestic violence that violate the Civil Law of People's Republic of China (PRC), the General Principles of the Civil Law of People's Republic of China (PRC) and the Marriage Law shall be tried in accordance with the civil trial procedure stipulated in the Civil Procedure Law of People's Republic of China (PRC). It mainly includes first instance, second instance, trial supervision and execution procedures. In particular, no matter what kind of cases are caused by domestic violence, mediation should not be applied to solve them. In this way, the power structure between the perpetrator and the victim is unbalanced, and the victim cannot fight for his rights on the premise of equality. Chapter III Legal Issues in Anti-domestic Violence Section 1 Legislative Defects and Judicial Inefficiency Although China has formed a set of legal intervention system against domestic violence, legislative and judicial problems such as unclear scope of domestic violence, difficulty in proof of domestic violence and difficulty in judicial intervention still restrict the promotion of anti-domestic violence work. A legislative flaw 1 Although there are some specific provisions on domestic violence in China's current laws, most of these provisions are made from a macro perspective. For example, the Law on the Protection of Women's Rights and Interests stipulates that "women are discriminated against, abused and harmed" and that "women's life and health are inviolable", while the Marriage Law, which explicitly mentions domestic violence, only defines the family in general terms. At present, China's constitution, criminal law, marriage law, law on the protection of women's rights and interests, regulations on administrative penalties for public security and other laws and regulations all prohibit domestic violence, but they lack clear identification and sanctions. The operability is poor and the punishment for domestic violence is weak. There is no evidence law rule specifically for domestic violence in China. Domestic violence mostly occurs within the family, and there are few witnesses. However, a considerable number of parties who suffered violence did not report the case or go to the hospital to issue a diagnosis certificate because of their lack of legal knowledge, so when the other party denied the violence, there was no evidence to investigate. The victim's statement alone can't be used as the basis for finalizing the case, which makes it difficult for the court to identify domestic violence, and also makes many domestic violence cases unable to be filed because of insufficient evidence. There is no legal basis for compensation for mental damage of victims of domestic violence. The Marriage Law clearly stipulates that victims of domestic violence can claim civil compensation, but it is still difficult for female victims to claim compensation for mental damage. The current law is mainly applicable to the punishment of the perpetrators afterwards, and there is no relief measures for the ongoing and persistent domestic violence. China's laws focus on punishing violence with serious consequences, but lack measures against frequent domestic violence without serious consequences. In addition, it focuses on the sanctions after the behavior, and lacks the means to prevent the behavior from happening and stop the behavior from continuing. Second, the lack of justice 1 Does the public know about domestic violence?
Foot, its concept still stays at the level of "domestic disputes". It is particularly difficult to understand that a wife sues her husband in court and blames the victim woman for it, so it is difficult to protect the rights of the victim woman. Judicial personnel have different qualitative and quantitative understandings of domestic violence in China, and a considerable number of people still have vague or even wrong understandings of domestic violence due to the influence of traditional concepts in China, which has affected judicial personnel's legal intervention in domestic violence to some extent. For example, public security personnel lack gender concepts, and some dispatchers refuse to handle family disputes on the grounds that they are not within their work scope, which directly leads to difficulties in identification. The police station failed to file a case in time for the investigation of domestic violence and did not issue a power of attorney to the victim. Without forensic identification, it is impossible to investigate the criminal responsibility of the perpetrators. Abused people often want to protect their families, and the purpose of their complaints is only to stop the violence, not to detain or fine each other, let alone to dissolve the marriage relationship. How to determine the role of the judiciary, so that the judiciary can more actively and appropriately intervene in domestic violence, is also an urgent problem to be solved. The intervention of law enforcement agencies is the most effective means to stop domestic violence, but now because there are many domestic violence law enforcement agencies, but they are not clear enough, the law enforcement between the main departments needs to be further run-in, and the law enforcement procedures are not standardized, which also leads to ineffective sanctions against domestic violence, which always leads to domestic violence being outside the law and abused women not being effectively protected. Section two: four practical difficulties in handling domestic violence cases: the public lacks understanding of domestic violence and it is difficult to obtain evidence. For domestic violence, the public's concept still stays at the level of "family disputes", which leads lawyers to be vague and even refuse to testify when they collect evidence from relatives, friends and neighbors of female victims, which brings difficulties to female victims' evidence collection and rights protection. Second, the public security personnel lack the concept of gender, and the case is not filed in time, which makes it difficult to identify. The public security personnel of most police stations can't file a case in time to investigate domestic violence and don't issue a power of attorney to the victims. Lawyers said that because there is no forensic certificate, it is impossible to investigate the criminal responsibility of the perpetrators. Third, domestic violence legislation is imperfect, domestic violence identification is difficult, and criminal punishment is difficult. At present, there are no rules of evidence law for domestic violence in China, and the rules of evidence for ordinary cases are usually applied. However, domestic violence mostly occurs within the family, with few witnesses. The victim's statement alone can't be used as the basis for finalizing the case, which makes it difficult for the court to identify domestic violence, and also makes many domestic violence cases unable to be filed because of insufficient evidence. (4) It is difficult to sanction the perpetrators. The existing laws are mainly applicable to sanctions against perpetrators afterwards, and there are no relief measures for ongoing and ongoing domestic violence. Some female victims hope that the law can take some compulsory measures against their husbands in the case of domestic violence. What the public security organs or neighborhood committees can do now is to let the violent husband write a letter of guarantee, which is not binding. Some husbands may write a letter of guarantee with their front feet and go home with their back feet to continue their violence. Section III Some Negative Social Factors Affecting the Handling of Domestic Violence Cases Because there are still some negative social, moral and ethical factors in our society at present, they affect the handling of domestic violence cases, mainly including: in the traditional society of China, the ideal role of women is to be a good wife and mother, to honor their in-laws, to take care of their children and to do housework at home; The idea that men are superior to women still exists in some people's minds, thinking that men are the masters of the family. Women, on the other hand, are regarded as men's accessories, attached to men and exist. In some people's minds, when men use violent means to rule and enslave women physically and mentally, they are tolerated and allowed, and beating their wives is a matter of course. In order to protect the family's "face", women tried to cover it up after suffering from domestic violence, thinking it was a domestic violence, and at the same time fearing more violence from their husbands, so they silently endured it and didn't want to say anything. Some women have low economic status and think that they live by their husbands. In order to support the family, it is reasonable for her husband to go out and get angry at home. This negative social, moral and ethical reason makes it difficult to deal with domestic violence cases. Although the problem of "domestic violence" has become the focus of social attention, from the statistical data, it is rare for the court to finally determine that it constitutes "domestic violence". 1980, 18.6% divorced on the grounds of domestic violence, and in the early days of the promulgation of the new marriage law of 200/kloc-0, the proportion of divorce on this ground was similar. Chapter iv legal countermeasures to solve domestic violence section 1 legislation is the fundamental way to improve the effect of legal intervention and solve domestic violence. The fundamental difficulty of legal intervention in domestic violence is that there is no special anti-domestic violence law in China. The specific application of existing laws and regulations also lacks maneuverability. Choice of legislative form: At present, China does not have a special legislation to stop domestic violence.
Legislation is scattered in the Constitution, the Civil Law, the Criminal Law, the Marriage Law, the Law on the Protection of Women's Rights and Interests and the laws and regulations of other organs. The next step is to amend one aspect of the existing laws one by one or pass more special legislation according to the actual and judicial needs of anti-domestic violence. There are also different opinions in academic circles. However, I think we should take the road of special legislation in the macro-strategy of legal reform to solve domestic violence. Mainly because: First of all, the application or even the application of scattered anti-domestic violence cases is one-sided and limited. Incorporating anti-domestic violence into the adjustment of marriage law, which is essentially a civil law. Mainly from the perspective of rights and obligations, it adjusts and restricts the behavior and family life of couples and family members at home and has limited rescue power. However, the provisions of the Criminal Law and the Regulations on Administrative Penalties for Public Security, such as intentional injury and abuse, are applied. Due to the lack of general and specific operational measures stipulated by law, the victims are not protected and the perpetrators are not punished in judicial practice because of insufficient evidence or bad circumstances. Secondly, anti-domestic violence is a social systematic project, involving community intervention, administrative intervention and judicial intervention. It is not only a civil legal issue, but also involves administrative law, criminal law and other entities and procedural law. The combined application of various laws does not fully meet the requirements of its own nature for a comprehensive law.
. :& amp4."*$,; At the same time, from the actual situation in China, the time to carry out anti-domestic violence is very short, and the situation of domestic violence is on the rise. If we amend the existing laws one by one, there will be many such amendments and it will take a long time. This is difficult to meet the actual needs of anti-domestic violence at present, which is not conducive to the protection of victims of domestic violence, nor to the education, correction and punishment of perpetrators. Some local legislations have made useful attempts for national special legislation. From 1996, Changsha City, Hunan Province issued "Several Provisions on Preventing and Stopping Domestic Violence". Up to now, three provinces and cities across the country have issued such laws, regulations or normative documents to prevent and stop domestic violence, which have concentrated scattered legal provisions in the past, refined and concretized them, enhanced their operability and achieved obvious legal effects. To sum up the anti-domestic violence project in china law society, I think the Law on the Prevention and Control of Domestic Violence, a special law with specific provisions on the definition of domestic violence, social assistance, administrative measures, judicial relief, legal responsibility, etc., can protect the victims of domestic violence to the maximum extent and prevent the recurrence of violence most effectively. Second, the legislative content At this stage, to improve the content of domestic violence in the law, we should focus on enhancing the operability and deterrence of the law, mainly: 1, and refine the definition of domestic violence. At present, the legal concept of domestic violence in China mainly adopts strict definition standards, which stipulates that "domestic violence refers to the behavior that the perpetrator causes certain harm to the body and mind of family members by beating, binding, maiming, forcibly restricting personal freedom or other means". According to this definition, China applies the relevant provisions of the criminal law to aggravate the circumstances.