Transforming Family Law 683 development has been a growth in concern with the issue of domestic violence (jiating baoli家庭暴力).Economic restructuring,international pressure(in particular from CEDAW)26 and an increased tendency for husbands to take revenge against an unfaithful spouse27 are among the factors which encouraged the introduction,at Article 43 of the revised Marriage Law,of new provisions which attempt to provide better protection for women victims.Moreover,the 2001 Interpretation offers a definition of domestic violence for the first time in national law,and includes within that definition beating,tying-up,maiming and restricting personal freedom (for example by the use of force)such that mental or physical harm results.Maltreatment,however,must be "persistent"and "frequent"before it can be characterized as domestic violence.Another significant limitation is that,according to Article 3 of the 2001 Interpretation, a victim of domestic violence may not bring suit under Article 4 of the revised Marriage Law,even though that Article encourages mutual respect and assistance between family members. Women suffering from domestic violence continue to be encouraged to seek intervention from their local people's mediation committee,which is expected to persuade the husband to cease his misconduct.However,in more serious cases the local public security bureau is also expected to intervene and,at the victim's request,may impose administrative sanctions on the husband.In addition,a wife who has suffered domestic violence may bring a private prosecution(zisu f),and both the public security bureau and the procuracy are expected to assist her. This shift in the policy and regulatory framework for dealing with domestic violence is significant.Although the processes of mediation and administration sanctioning continue to be emphasized,domestic violence is now characterized as not only a private dispute but also a matter of public concern,and therefore also the concern of criminal law and judicially imposed punishment.As in the debates on concubinage,the public-private divide is shifting in order better to protect women. Matrimonial estate The regulatory framework governing domestic property relations was put under increasing stress in the 1990s as a result of China's rapid economic development and social change.The forms and value of domestic property have expanded significantly,and property dealings between spouses and third parties grown considerably.Accordingly,the ownership,contents and value of matrimonial 26 See"Patriarchy,privacy and protection:slowly conceptualizing domestic violence in Chinese law,"in Natalia lu.Erpyleva,Jane Henderson and M.Butler (eds.),Forging a Common Legal Destiny:Liber Amicorum in Honour of Professor W.E.Butler (London New York:Wildy,Simmonds and Hill, 2005),Pp.786-812. 27 Yang Xueming and Qu Zhi,Xin"hunyin fa"redian jujiao (Focus on the Controversial Issues in the New Marriage Law)(Shenyang:Liaoning huabao chubanshe,2001).pp.212-61.                 &  %
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