China

On April 9, 2021, the General Office of the State Council issued the China’s Action Plan against Human Trafficking (2021-2030) in order to actively respond to the serious situation of domestic and international human trafficking crimes and effectively protect citizen’s legitimate rights and interests. The action plan, which has been formulated in accordance with relevant international conventions and Chinese laws, focuses on improving crime prevention mechanisms, combating crimes, and rescuing abducted and trafficked victims.

In March 2013, the State Council of China updated the China National Plan of Action to Combat Trafficking in Women and Children (2008-2012). The stipulated goal for this national plan is to reduce the occurrence of human trafficking and to improve the network to prevent human trafficking crimes.

In April 2021, the State Council of China updated the China’s Action Plan to combat Human Trafficking (2021-2030).

Liu and Zhang held the wedding ceremony in 2009 and registered for marriage in 2011.  In order to marry Liu, Zhang paid a “bride price” of 96,080 Chinese yuan, and Liu’s dowry included a television, refrigerator, washing machine and several pieces of furniture. Liu filed for divorce in 2013, and Zhang requested Liu to return part or all of the bride price. The court found that the bride price was paid for the purpose of marrying Liu, and its payment led to difficulty in Zhang’s parents’ life after Zhang’s marriage.

The appellant-wife appealed to the Intermediate People’s Court of Wuxi Municipality, Jiangsu Province in relation to the lower court’s refusal to grant a divorce. The appellant alleged that her marriage with the appellee was irreparably broken and that he had committed domestic violence against her. The appellant alleged that the domestic violence was corroborated by their daughter’s testimony and photographic evidence.

The lower court convicted the appellant of intentional assault and sentenced her to life imprisonment and deprivation of political rights for life for stabbing her cohabiting boyfriend to death. The lower court held that the defendant’s motive, frivolous arguments, constituted a crime of intentional assault.  The lower court found that the consequence of the crime was serious and that the defendant should receive a severe punishment.

On May 20, 2014, the defendant used a hammer to strike her husband’s head three times. She then asked her son to send her husband to hospital where he died. The Court found that throughout their marriage, the deceased often beat and abused the defendant. The day before the incident, the deceased beat the defendant for a long period of time. At approximately 5:30 AM the following day, the defendant, due to the history of abuse, decided to kill her husband. During the trial, multiple witnesses testified to the deceased’s long history of domestic violence.

The Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children (The “Trafficking Crimes Interpretation”) defines terms and interprets rules in the Criminal Law related to trafficking in women. This interpretation guides legal practitioners in addressing recent developments in trafficking-related crimes.

The Law on Protection of Minors was enacted to protect the physical and mental health of minors and to ensure their legal rights and interests. Article 3 of the Law stipulates that minors shall have the right to survival, development, protection, and participation and that minors, regardless of gender, shall enjoy these rights equally under the law.

The appellant and the deceased were divorced in 2007 but continued to live as a married couple until the incident.  The appellant had a history of physical abuse. On the day of the incident, the appellant again beat the deceased with a leather belt, causing her to commit suicide. On the same day, the appellant turned himself in. The lower People’s Court held that the appellant had continuously beaten the deceased, causing her to endure physical and mental damage and commit suicide, and his actions constituted the crime of abuse.