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It was just reported that:
China’s top legislative body has updated its gender laws to introduce a new list of moral standards for women. On Sunday, the National People's Congress passed an amendment to the decades-old Women’s Rights and Interests Protection Act to ensure women uphold “family values.” The opening chapter, which summarizes the principles of the revised legislation, notes: “Women should respect and obey national laws, respect social morals, professional ethics and family values.” The updated law comes as the country faces lower birthrates and decreasing marriage figures, putting more pressure on women to adopt traditional housekeeping roles. (Yahoo News) See also NCP Statement here
The object of the measure, however, was not aimed at an interpretation of Socialist Core Values on the matter of the relation of women to family. Much of the legislation touched on traditional areas of gender discrimination: "The amendment prohibits restricting the promotion of female employees due to marriage, pregnancy, maternity leave and other circumstances at the workplace. The law also requires lower level governments and their officials to report suspected abduction or trafficking of women to the police in a timely manner." (Bloomberg).
Still the reference to ensuring that females uphold family values is itself interesting in a number of respects.
1. The reference to family values amplifies a trajectory evident in the 20th National CPC Work Report that one of the great tasks of Chinese law is to detach it from Western values and sources. Zang Tiewei, spokesman for the Standing Committee of the National People’s Congress legislative affairs commission was quoted in the Western press as saying "at last week’s briefing that the nation’s updated law would not “copy measures in the Western system.” (Bloomberg).
2. It is important to contextualize the reference to family values and perhaps principally by Article 1 of the revised law which states:
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of women, promote equality between men and women and the all-round development of women, give full play to the role of women in building a modern socialist country in an all-round way, and carry forward the core socialist values.
And article 2 " Equality between men and women is the basic state policy of the state. Women enjoy equal rights with men in all aspects of political, economic, cultural, social and family life." The key terms then suggest both equality--and they might also suggest functional differentiation. That is where the difficulty arises of course. And it is here that the CPC's leadership on the development of the 12 Core Socialist Values will be quite important--both as a political and a legislative (interpretive) force (see Comment ¶ 5 below).
3. Article 7's reference to family values or virtues is tied to the state's responsibility to "encourages women to have self-esteem, self-confidence, self-reliance, and self-improvement, and use the law to safeguard their legitimate rights and interests." All of this, of course, under the umbrella of the 12 Core Socialist Values. Yet it ought to be considered within a context in which women are empowered in some ways (e.g. Article 21 "When a medical institution performs reproductive surgery, special examination or special treatment, the consent of the woman shall be obtained; when a woman disagrees with her family members or related persons, the will of the woman shall be respected.
5. The critical element here, though is the way the provision is read against guidance respecting the meaning and application of the 12 Core socialist values. It is important in this respect to recall the widely quoted remark of the current general secretary of the CPC with respect to those values: "Core socialist values are the soul of cultural soft
power...Basically, the soft power of a nation depends on the vitality,
cohesive force and charisma of its core values." (President Xi Jinping addressed at a group study of the Political Bureau of the CPC Central Committee Feb 25, 2014) quoted here). This is a core challenge for the CPC itself--the art and politics of translating core principles to tools that might be of significance in interpreting legislative measures--and more importantly (for Social Credit regimes) of developing systems of accountability and assessment directed against officials whose principal obligation is to apply these measures faithfully.
6. Also relevant here is the connection between values, legislation, and whole process democracy, especially with respect to the role of consultation in continuing to shape these measures. In this case, women appear to play a leading role. Article 16 states: "The Women's Federation shall actively participate in the democratic consultation, democratic decision-making, democratic management and democratic supervision of state and social affairs on behalf of women." The extent of the connection between this role and the act itself remains unclear. Yet in that respect it might be worth remembering the important task that the CPC has set for itself--the measure of which requires substantial courage for the Party; "Article 15 The state actively trains and selects female cadres, and
attaches great importance to the training and selection of ethnic
minority women cadres." It is not just their training but their advancement on equality with male cadres that presents a form of the great challenge of the principle contradiction of the New Era--that of the unequal distribution of social and political equality within the core principles of New Era ideology.
The text of the revised Act, which comes into force in 2023, follows: in the original Chinese and in a crude English translation.
中华人民共和国妇女权益保障法
（1992年4月3日第七届全国人民代表大会第五次会议通过 根据2005年8月28日第十届全国人民代表大会常务委员会第十七次会议《关于修改〈中华人民共和国妇女权益保障法〉的决定》第一次修正 根据2018年10月26日第十三届全国人民代表大会常务委员会第六次会议《关于修改〈中华人民共和国野生动物保护法〉等十五部法律的决定》第二次修正 2022年10月30日第十三届全国人民代表大会常务委员会第三十七次会议修订）
目 录
第一章 总 则
第二章 政治权利
第三章 人身和人格权益
第四章 文化教育权益
第五章 劳动和社会保障权益
第六章 财产权益
第七章 婚姻家庭权益
第八章 救济措施
第九章 法律责任
第十章 附 则
第一章 总 则
第一条 为了保障妇女的合法权益，促进男女平等和妇女全面发展，充分发挥妇女在全面建设社会主义现代化国家中的作用，弘扬社会主义核心价值观，根据宪法，制定本法。
第二条 男女平等是国家的基本国策。妇女在政治的、经济的、文化的、社会的和家庭的生活等各方面享有同男子平等的权利。
国家采取必要措施，促进男女平等，消除对妇女一切形式的歧视，禁止排斥、限制妇女依法享有和行使各项权益。
国家保护妇女依法享有的特殊权益。
第三条 坚持中国共产党对妇女权益保障工作的领导，建立政府主导、各方协同、社会参与的保障妇女权益工作机制。
各级人民政府应当重视和加强妇女权益的保障工作。
县级以上人民政府负责妇女儿童工作的机构，负责组织、协调、指导、督促有关部门做好妇女权益的保障工作。
县级以上人民政府有关部门在各自的职责范围内做好妇女权益的保障工作。
第四条 保障妇女的合法权益是全社会的共同责任。国家机关、社会团体、企业事业单位、基层群众性自治组织以及其他组织和个人，应当依法保障妇女的权益。
国家采取有效措施，为妇女依法行使权利提供必要的条件。
第五条 国务院制定和组织实施中国妇女发展纲要，将其纳入国民经济和社会发展规划，保障和促进妇女在各领域的全面发展。
县级以上地方各级人民政府根据中国妇女发展纲要，制定和组织实施本行政区域的妇女发展规划，将其纳入国民经济和社会发展规划。
县级以上人民政府应当将妇女权益保障所需经费列入本级预算。
第六条 中华全国妇女联合会和地方各级妇女联合会依照法律和中华全国妇女联合会章程，代表和维护各族各界妇女的利益，做好维护妇女权益、促进男女平等和妇女全面发展的工作。
工会、共产主义青年团、残疾人联合会等群团组织应当在各自的工作范围内，做好维护妇女权益的工作。
第七条 国家鼓励妇女自尊、自信、自立、自强，运用法律维护自身合法权益。
妇女应当遵守国家法律，尊重社会公德、职业道德和家庭美德，履行法律所规定的义务。
第八条 有关机关制定或者修改涉及妇女权益的法律、法规、规章和其他规范性文件，应当听取妇女联合会的意见，充分考虑妇女的特殊权益，必要时开展男女平等评估。
第九条 国家建立健全妇女发展状况统计调查制度，完善性别统计监测指标体系，定期开展妇女发展状况和权益保障统计调查和分析，发布有关信息。
第十条 国家将男女平等基本国策纳入国民教育体系，开展宣传教育，增强全社会的男女平等意识，培育尊重和关爱妇女的社会风尚。
第十一条 国家对保障妇女合法权益成绩显著的组织和个人，按照有关规定给予表彰和奖励。
第二章 政治权利
第十二条 国家保障妇女享有与男子平等的政治权利。
第十三条 妇女有权通过各种途径和形式，依法参与管理国家事务、管理经济和文化事业、管理社会事务。
妇女和妇女组织有权向各级国家机关提出妇女权益保障方面的意见和建议。
第十四条 妇女享有与男子平等的选举权和被选举权。
全国人民代表大会和地方各级人民代表大会的代表中，应当保证有适当数量的妇女代表。国家采取措施，逐步提高全国人民代表大会和地方各级人民代表大会的妇女代表的比例。
居民委员会、村民委员会成员中，应当保证有适当数量的妇女成员。
第十五条 国家积极培养和选拔女干部，重视培养和选拔少数民族女干部。
国家机关、群团组织、企业事业单位培养、选拔和任用干部，应当坚持男女平等的原则，并有适当数量的妇女担任领导成员。
妇女联合会及其团体会员，可以向国家机关、群团组织、企业事业单位推荐女干部。
国家采取措施支持女性人才成长。
第十六条 妇女联合会代表妇女积极参与国家和社会事务的民主协商、民主决策、民主管理和民主监督。
第十七条 对于有关妇女权益保障工作的批评或者合理可行的建议，有关部门应当听取和采纳；对于有关侵害妇女权益的申诉、控告和检举，有关部门应当查清事实，负责处理，任何组织和个人不得压制或者打击报复。
第三章 人身和人格权益
第十八条 国家保障妇女享有与男子平等的人身和人格权益。
第十九条 妇女的人身自由不受侵犯。禁止非法拘禁和以其他非法手段剥夺或者限制妇女的人身自由；禁止非法搜查妇女的身体。
第二十条 妇女的人格尊严不受侵犯。禁止用侮辱、诽谤等方式损害妇女的人格尊严。
第二十一条 妇女的生命权、身体权、健康权不受侵犯。禁止虐待、遗弃、残害、买卖以及其他侵害女性生命健康权益的行为。
禁止进行非医学需要的胎儿性别鉴定和选择性别的人工终止妊娠。
医疗机构施行生育手术、特殊检查或者特殊治疗时，应当征得妇女本人同意；在妇女与其家属或者关系人意见不一致时，应当尊重妇女本人意愿。
第二十二条 禁止拐卖、绑架妇女；禁止收买被拐卖、绑架的妇女；禁止阻碍解救被拐卖、绑架的妇女。
各级人民政府和公安、民政、人力资源和社会保障、卫生健康等部门及村民委员会、居民委员会按照各自的职责及时发现报告，并采取措施解救被拐卖、绑架的妇女，做好被解救妇女的安置、救助和关爱等工作。妇女联合会协助和配合做好有关工作。任何组织和个人不得歧视被拐卖、绑架的妇女。
第二十三条 禁止违背妇女意愿，以言语、文字、图像、肢体行为等方式对其实施性骚扰。
受害妇女可以向有关单位和国家机关投诉。接到投诉的有关单位和国家机关应当及时处理，并书面告知处理结果。
受害妇女可以向公安机关报案，也可以向人民法院提起民事诉讼，依法请求行为人承担民事责任。
第二十四条 学校应当根据女学生的年龄阶段，进行生理卫生、心理健康和自我保护教育，在教育、管理、设施等方面采取措施，提高其防范性侵害、性骚扰的自我保护意识和能力，保障女学生的人身安全和身心健康发展。
学校应当建立有效预防和科学处置性侵害、性骚扰的工作制度。对性侵害、性骚扰女学生的违法犯罪行为，学校不得隐瞒，应当及时通知受害未成年女学生的父母或者其他监护人，向公安机关、教育行政部门报告，并配合相关部门依法处理。
对遭受性侵害、性骚扰的女学生，学校、公安机关、教育行政部门等相关单位和人员应当保护其隐私和个人信息，并提供必要的保护措施。
第二十五条 用人单位应当采取下列措施预防和制止对妇女的性骚扰:
（一）制定禁止性骚扰的规章制度；
（二）明确负责机构或者人员；
（三）开展预防和制止性骚扰的教育培训活动；
（四）采取必要的安全保卫措施；
（五）设置投诉电话、信箱等，畅通投诉渠道；
（六）建立和完善调查处置程序，及时处置纠纷并保护当事人隐私和个人信息；
（七）支持、协助受害妇女依法维权，必要时为受害妇女提供心理疏导；
（八）其他合理的预防和制止性骚扰措施。
第二十六条 住宿经营者应当及时准确登记住宿人员信息，健全住宿服务规章制度，加强安全保障措施；发现可能侵害妇女权益的违法犯罪行为，应当及时向公安机关报告。
第二十七条 禁止卖淫、嫖娼；禁止组织、强迫、引诱、容留、介绍妇女卖淫或者对妇女进行猥亵活动；禁止组织、强迫、引诱、容留、介绍妇女在任何场所或者利用网络进行淫秽表演活动。
第二十八条 妇女的姓名权、肖像权、名誉权、荣誉权、隐私权和个人信息等人格权益受法律保护。
媒体报道涉及妇女事件应当客观、适度，不得通过夸大事实、过度渲染等方式侵害妇女的人格权益。
禁止通过大众传播媒介或者其他方式贬低损害妇女人格。未经本人同意，不得通过广告、商标、展览橱窗、报纸、期刊、图书、音像制品、电子出版物、网络等形式使用妇女肖像，但法律另有规定的除外。
第二十九条 禁止以恋爱、交友为由或者在终止恋爱关系、离婚之后，纠缠、骚扰妇女，泄露、传播妇女隐私和个人信息。
妇女遭受上述侵害或者面临上述侵害现实危险的，可以向人民法院申请人身安全保护令。
第三十条 国家建立健全妇女健康服务体系，保障妇女享有基本医疗卫生服务，开展妇女常见病、多发病的预防、筛查和诊疗，提高妇女健康水平。
国家采取必要措施，开展经期、孕期、产期、哺乳期和更年期的健康知识普及、卫生保健和疾病防治，保障妇女特殊生理时期的健康需求，为有需要的妇女提供心理健康服务支持。
第三十一条 县级以上地方人民政府应当设立妇幼保健机构，为妇女提供保健以及常见病防治服务。
国家鼓励和支持社会力量通过依法捐赠、资助或者提供志愿服务等方式，参与妇女卫生健康事业，提供安全的生理健康用品或者服务，满足妇女多样化、差异化的健康需求。
用人单位应当定期为女职工安排妇科疾病、乳腺疾病检查以及妇女特殊需要的其他健康检查。
第三十二条 妇女依法享有生育子女的权利，也有不生育子女的自由。
第三十三条 国家实行婚前、孕前、孕产期和产后保健制度，逐步建立妇女全生育周期系统保健制度。医疗保健机构应当提供安全、有效的医疗保健服务，保障妇女生育安全和健康。
有关部门应当提供安全、有效的避孕药具和技术，保障妇女的健康和安全。
第三十四条 各级人民政府在规划、建设基础设施时，应当考虑妇女的特殊需求，配备满足妇女需要的公共厕所和母婴室等公共设施。
第四章 文化教育权益
第三十五条 国家保障妇女享有与男子平等的文化教育权利。
第三十六条 父母或者其他监护人应当履行保障适龄女性未成年人接受并完成义务教育的义务。
对无正当理由不送适龄女性未成年人入学的父母或者其他监护人，由当地乡镇人民政府或者县级人民政府教育行政部门给予批评教育，依法责令其限期改正。居民委员会、村民委员会应当协助政府做好相关工作。
政府、学校应当采取有效措施，解决适龄女性未成年人就学存在的实际困难，并创造条件，保证适龄女性未成年人完成义务教育。
第三十七条 学校和有关部门应当执行国家有关规定，保障妇女在入学、升学、授予学位、派出留学、就业指导和服务等方面享有与男子平等的权利。
学校在录取学生时，除国家规定的特殊专业外，不得以性别为由拒绝录取女性或者提高对女性的录取标准。
各级人民政府应当采取措施，保障女性平等享有接受中高等教育的权利和机会。
第三十八条 各级人民政府应当依照规定把扫除妇女中的文盲、半文盲工作，纳入扫盲和扫盲后继续教育规划，采取符合妇女特点的组织形式和工作方法，组织、监督有关部门具体实施。
第三十九条 国家健全全民终身学习体系，为妇女终身学习创造条件。
各级人民政府和有关部门应当采取措施，根据城镇和农村妇女的需要，组织妇女接受职业教育和实用技术培训。
第四十条 国家机关、社会团体和企业事业单位应当执行国家有关规定，保障妇女从事科学、技术、文学、艺术和其他文化活动，享有与男子平等的权利。
第五章 劳动和社会保障权益
第四十一条 国家保障妇女享有与男子平等的劳动权利和社会保障权利。
第四十二条 各级人民政府和有关部门应当完善就业保障政策措施，防止和纠正就业性别歧视，为妇女创造公平的就业创业环境，为就业困难的妇女提供必要的扶持和援助。
第四十三条 用人单位在招录（聘）过程中，除国家另有规定外，不得实施下列行为:
（一）限定为男性或者规定男性优先；
（二）除个人基本信息外，进一步询问或者调查女性求职者的婚育情况；
（三）将妊娠测试作为入职体检项目；
（四）将限制结婚、生育或者婚姻、生育状况作为录（聘）用条件；
（五）其他以性别为由拒绝录（聘）用妇女或者差别化地提高对妇女录（聘）用标准的行为。
第四十四条 用人单位在录（聘）用女职工时，应当依法与其签订劳动（聘用）合同或者服务协议，劳动（聘用）合同或者服务协议中应当具备女职工特殊保护条款，并不得规定限制女职工结婚、生育等内容。
职工一方与用人单位订立的集体合同中应当包含男女平等和女职工权益保护相关内容，也可以就相关内容制定专章、附件或者单独订立女职工权益保护专项集体合同。
第四十五条 实行男女同工同酬。妇女在享受福利待遇方面享有与男子平等的权利。
第四十六条 在晋职、晋级、评聘专业技术职称和职务、培训等方面，应当坚持男女平等的原则，不得歧视妇女。
第四十七条 用人单位应当根据妇女的特点，依法保护妇女在工作和劳动时的安全、健康以及休息的权利。
妇女在经期、孕期、产期、哺乳期受特殊保护。
第四十八条 用人单位不得因结婚、怀孕、产假、哺乳等情形，降低女职工的工资和福利待遇，限制女职工晋职、晋级、评聘专业技术职称和职务，辞退女职工，单方解除劳动（聘用）合同或者服务协议。
女职工在怀孕以及依法享受产假期间，劳动（聘用）合同或者服务协议期满的，劳动（聘用）合同或者服务协议期限自动延续至产假结束。但是，用人单位依法解除、终止劳动（聘用）合同、服务协议，或者女职工依法要求解除、终止劳动（聘用）合同、服务协议的除外。
用人单位在执行国家退休制度时，不得以性别为由歧视妇女。
第四十九条 人力资源和社会保障部门应当将招聘、录取、晋职、晋级、评聘专业技术职称和职务、培训、辞退等过程中的性别歧视行为纳入劳动保障监察范围。
第五十条 国家发展社会保障事业，保障妇女享有社会保险、社会救助和社会福利等权益。
国家提倡和鼓励为帮助妇女而开展的社会公益活动。
第五十一条 国家实行生育保险制度，建立健全婴幼儿托育服务等与生育相关的其他保障制度。
国家建立健全职工生育休假制度，保障孕产期女职工依法享有休息休假权益。
地方各级人民政府和有关部门应当按照国家有关规定，为符合条件的困难妇女提供必要的生育救助。
第五十二条 各级人民政府和有关部门应当采取必要措施，加强贫困妇女、老龄妇女、残疾妇女等困难妇女的权益保障，按照有关规定为其提供生活帮扶、就业创业支持等关爱服务。
第六章 财产权益
第五十三条 国家保障妇女享有与男子平等的财产权利。
第五十四条 在夫妻共同财产、家庭共有财产关系中，不得侵害妇女依法享有的权益。
第五十五条 妇女在农村集体经济组织成员身份确认、土地承包经营、集体经济组织收益分配、土地征收补偿安置或者征用补偿以及宅基地使用等方面，享有与男子平等的权利。
申请农村土地承包经营权、宅基地使用权等不动产登记，应当在不动产登记簿和权属证书上将享有权利的妇女等家庭成员全部列明。征收补偿安置或者征用补偿协议应当将享有相关权益的妇女列入，并记载权益内容。
第五十六条 村民自治章程、村规民约，村民会议、村民代表会议的决定以及其他涉及村民利益事项的决定，不得以妇女未婚、结婚、离婚、丧偶、户无男性等为由，侵害妇女在农村集体经济组织中的各项权益。
因结婚男方到女方住所落户的，男方和子女享有与所在地农村集体经济组织成员平等的权益。
第五十七条 国家保护妇女在城镇集体所有财产关系中的权益。妇女依照法律、法规的规定享有相关权益。
第五十八条 妇女享有与男子平等的继承权。妇女依法行使继承权，不受歧视。
丧偶妇女有权依法处分继承的财产，任何组织和个人不得干涉。
第五十九条 丧偶儿媳对公婆尽了主要赡养义务的，作为第一顺序继承人，其继承权不受子女代位继承的影响。
第七章 婚姻家庭权益
第六十条 国家保障妇女享有与男子平等的婚姻家庭权利。
第六十一条 国家保护妇女的婚姻自主权。禁止干涉妇女的结婚、离婚自由。
第六十二条 国家鼓励男女双方在结婚登记前，共同进行医学检查或者相关健康体检。
第六十三条 婚姻登记机关应当提供婚姻家庭辅导服务，引导当事人建立平等、和睦、文明的婚姻家庭关系。
第六十四条 女方在怀孕期间、分娩后一年内或者终止妊娠后六个月内，男方不得提出离婚；但是，女方提出离婚或者人民法院认为确有必要受理男方离婚请求的除外。
第六十五条 禁止对妇女实施家庭暴力。
县级以上人民政府有关部门、司法机关、社会团体、企业事业单位、基层群众性自治组织以及其他组织，应当在各自的职责范围内预防和制止家庭暴力，依法为受害妇女提供救助。
第六十六条 妇女对夫妻共同财产享有与其配偶平等的占有、使用、收益和处分的权利，不受双方收入状况等情形的影响。
对夫妻共同所有的不动产以及可以联名登记的动产，女方有权要求在权属证书上记载其姓名；认为记载的权利人、标的物、权利比例等事项有错误的，有权依法申请更正登记或者异议登记，有关机构应当按照其申请依法办理相应登记手续。
第六十七条 离婚诉讼期间，夫妻一方申请查询登记在对方名下财产状况且确因客观原因不能自行收集的，人民法院应当进行调查取证，有关部门和单位应当予以协助。
离婚诉讼期间，夫妻双方均有向人民法院申报全部夫妻共同财产的义务。一方隐藏、转移、变卖、损毁、挥霍夫妻共同财产，或者伪造夫妻共同债务企图侵占另一方财产的，在离婚分割夫妻共同财产时，对该方可以少分或者不分财产。
第六十八条 夫妻双方应当共同负担家庭义务，共同照顾家庭生活。
女方因抚育子女、照料老人、协助男方工作等负担较多义务的，有权在离婚时要求男方予以补偿。补偿办法由双方协议确定；协议不成的，可以向人民法院提起诉讼。
第六十九条 离婚时，分割夫妻共有的房屋或者处理夫妻共同租住的房屋，由双方协议解决；协议不成的，可以向人民法院提起诉讼。
第七十条 父母双方对未成年子女享有平等的监护权。
父亲死亡、无监护能力或者有其他情形不能担任未成年子女的监护人的，母亲的监护权任何组织和个人不得干涉。
第七十一条 女方丧失生育能力的，在离婚处理子女抚养问题时，应当在最有利于未成年子女的条件下，优先考虑女方的抚养要求。
第八章 救济措施
第七十二条 对侵害妇女合法权益的行为，任何组织和个人都有权予以劝阻、制止或者向有关部门提出控告或者检举。有关部门接到控告或者检举后，应当依法及时处理，并为控告人、检举人保密。
妇女的合法权益受到侵害的，有权要求有关部门依法处理，或者依法申请调解、仲裁，或者向人民法院起诉。
对符合条件的妇女，当地法律援助机构或者司法机关应当给予帮助，依法为其提供法律援助或者司法救助。
第七十三条 妇女的合法权益受到侵害的，可以向妇女联合会等妇女组织求助。妇女联合会等妇女组织应当维护被侵害妇女的合法权益，有权要求并协助有关部门或者单位查处。有关部门或者单位应当依法查处，并予以答复；不予处理或者处理不当的，县级以上人民政府负责妇女儿童工作的机构、妇女联合会可以向其提出督促处理意见，必要时可以提请同级人民政府开展督查。
受害妇女进行诉讼需要帮助的，妇女联合会应当给予支持和帮助。
第七十四条 用人单位侵害妇女劳动和社会保障权益的，人力资源和社会保障部门可以联合工会、妇女联合会约谈用人单位，依法进行监督并要求其限期纠正。
第七十五条 妇女在农村集体经济组织成员身份确认等方面权益受到侵害的，可以申请乡镇人民政府等进行协调，或者向人民法院起诉。
乡镇人民政府应当对村民自治章程、村规民约，村民会议、村民代表会议的决定以及其他涉及村民利益事项的决定进行指导，对其中违反法律、法规和国家政策规定，侵害妇女合法权益的内容责令改正；受侵害妇女向农村土地承包仲裁机构申请仲裁或者向人民法院起诉的，农村土地承包仲裁机构或者人民法院应当依法受理。
第七十六条 县级以上人民政府应当开通全国统一的妇女权益保护服务热线，及时受理、移送有关侵害妇女合法权益的投诉、举报；有关部门或者单位接到投诉、举报后，应当及时予以处置。
鼓励和支持群团组织、企业事业单位、社会组织和个人参与建设妇女权益保护服务热线，提供妇女权益保护方面的咨询、帮助。
第七十七条 侵害妇女合法权益，导致社会公共利益受损的，检察机关可以发出检察建议；有下列情形之一的，检察机关可以依法提起公益诉讼:
（一）确认农村妇女集体经济组织成员身份时侵害妇女权益或者侵害妇女享有的农村土地承包和集体收益、土地征收征用补偿分配权益和宅基地使用权益；
（二）侵害妇女平等就业权益；
（三）相关单位未采取合理措施预防和制止性骚扰；
（四）通过大众传播媒介或者其他方式贬低损害妇女人格；
（五）其他严重侵害妇女权益的情形。
第七十八条 国家机关、社会团体、企业事业单位对侵害妇女权益的行为，可以支持受侵害的妇女向人民法院起诉。
第九章 法律责任
第七十九条 违反本法第二十二条第二款规定，未履行报告义务的，依法对直接负责的主管人员和其他直接责任人员给予处分。
第八十条 违反本法规定，对妇女实施性骚扰的，由公安机关给予批评教育或者出具告诫书，并由所在单位依法给予处分。
学校、用人单位违反本法规定，未采取必要措施预防和制止性骚扰，造成妇女权益受到侵害或者社会影响恶劣的，由上级机关或者主管部门责令改正；拒不改正或者情节严重的，依法对直接负责的主管人员和其他直接责任人员给予处分。
第八十一条 违反本法第二十六条规定，未履行报告等义务的，依法给予警告、责令停业整顿或者吊销营业执照、吊销相关许可证，并处一万元以上五万元以下罚款。
第八十二条 违反本法规定，通过大众传播媒介或者其他方式贬低损害妇女人格的，由公安、网信、文化旅游、广播电视、新闻出版或者其他有关部门依据各自的职权责令改正，并依法给予行政处罚。
第八十三条 用人单位违反本法第四十三条和第四十八条规定的，由人力资源和社会保障部门责令改正；拒不改正或者情节严重的，处一万元以上五万元以下罚款。
第八十四条 违反本法规定，对侵害妇女权益的申诉、控告、检举，推诿、拖延、压制不予查处，或者对提出申诉、控告、检举的人进行打击报复的，依法责令改正，并对直接负责的主管人员和其他直接责任人员给予处分。
国家机关及其工作人员未依法履行职责，对侵害妇女权益的行为未及时制止或者未给予受害妇女必要帮助，造成严重后果的，依法对直接负责的主管人员和其他直接责任人员给予处分。
违反本法规定，侵害妇女人身和人格权益、文化教育权益、劳动和社会保障权益、财产权益以及婚姻家庭权益的，依法责令改正，直接负责的主管人员和其他直接责任人员属于国家工作人员的，依法给予处分。
第八十五条 违反本法规定，侵害妇女的合法权益，其他法律、法规规定行政处罚的，从其规定；造成财产损失或者人身损害的，依法承担民事责任；构成犯罪的，依法追究刑事责任。
第十章 附 则
第八十六条 本法自2023年1月1日起施行。
Law of the People's Republic of China on the Protection of Women's Rights and Interests
Source: China National People's Congress Browse Font Size: Large Medium Small October 30, 2022 14:27:46
(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992 in accordance with the Seventeenth Session of the Standing Committee of the Tenth National People's Congress on August 28, 2005 The First Amendment to the Decision of the 13th National People's Congress on October 26, 2018 "On Amending Fifteen Laws including the Wildlife Protection Law of the People's Republic of China" The second amendment was revised at the 37th meeting of the Standing Committee of the 13th National People's Congress on October 30, 2022)
Table of contents
Chapter 1 General Provisions
Chapter II Political Rights
Chapter III Personal and Personal Rights and Interests
Chapter IV Cultural and Educational Rights and Interests
Chapter V Labor and Social Security Rights and Interests
Chapter VI Property Rights
Chapter VII Marriage and Family Rights
Chapter VIII Relief Measures
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of women, promote equality between men and women and the all-round development of women, give full play to the role of women in building a modern socialist country in an all-round way, and carry forward the core socialist values.
Article 2 Equality between men and women is the basic state policy of the state. Women enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.
The state takes necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit the exclusion or restriction of women's lawful enjoyment and exercise of various rights and interests.
The state protects the special rights and interests enjoyed by women in accordance with the law.
Article 3 Adhere to the leadership of the Communist Party of China in the protection of women's rights and interests, and establish a work mechanism for the protection of women's rights and interests under the leadership of the government, the coordination of all parties, and the participation of the society.
People's governments at all levels should attach importance to and strengthen the protection of women's rights and interests.
The institutions responsible for the work of women and children under the people's governments at or above the county level shall be responsible for organizing, coordinating, guiding, and urging relevant departments to do a good job in safeguarding women's rights and interests.
The relevant departments of the people's governments at or above the county level shall do a good job in the protection of women's rights and interests within the scope of their respective duties.
Article 4 It is the common responsibility of the whole society to protect the legitimate rights and interests of women. State organs, social organizations, enterprises and institutions, grass-roots mass autonomous organizations, and other organizations and individuals shall protect the rights and interests of women in accordance with the law.
The state takes effective measures to provide necessary conditions for women to exercise their rights in accordance with the law.
Article 5 The State Council formulates and organizes the implementation of the Outline for the Development of Chinese Women, incorporates it into the national economic and social development plan, and guarantees and promotes the all-round development of women in all fields.
Local people's governments at or above the county level shall formulate and organize the implementation of women's development plans for their respective administrative regions in accordance with the China Women's Development Program, and incorporate them into national economic and social development plans.
The people's government at or above the county level shall include the funds required for the protection of women's rights and interests into the budget at the corresponding level.
Article 6 The All-China Women's Federation and local women's federations at all levels shall, in accordance with the law and the articles of association of the All-China Women's Federation, represent and safeguard the interests of women of all ethnic groups and all walks of life, and do a good job in safeguarding women's rights and interests, promoting equality between men and women, and women's all-round development. .
Trade unions, the Communist Youth League, the Disabled Persons' Federation and other mass organizations should, within their respective scope of work, do a good job of safeguarding women's rights and interests.
Article 7 The state encourages women to have self-esteem, self-confidence, self-reliance, and self-improvement, and use the law to safeguard their legitimate rights and interests.
Women should abide by national laws, respect social morality, professional ethics and family virtues, and perform their obligations under the law.
Article 8 When the relevant organs formulate or amend laws, regulations, rules and other normative documents involving women's rights and interests, they shall listen to the opinions of the Women's Federation, fully consider the special rights and interests of women, and conduct gender equality assessments when necessary.
Article 9 The state establishes and improves the statistical investigation system of women's development status, improves the gender statistical monitoring indicator system, regularly conducts statistical investigation and analysis of women's development status and rights and interests protection, and releases relevant information.
Article 10 The state incorporates the basic state policy of equality between men and women into the national education system, conducts publicity and education, enhances the awareness of equality between men and women in the whole society, and cultivates a social ethos of respecting and caring for women.
Article 11 The state shall commend and reward organizations and individuals that have made outstanding achievements in safeguarding the legitimate rights and interests of women in accordance with relevant regulations.
Chapter II Political Rights
Article 12 The state guarantees that women enjoy equal political rights with men.
Article 13 Women have the right to participate in the management of state affairs, economic and cultural undertakings, and social affairs in accordance with the law through various channels and forms.
Women and women's organizations have the right to submit opinions and suggestions on the protection of women's rights and interests to state organs at all levels.
Article 14 Women have equal rights to vote and stand for election as men.
Among the deputies to the National People's Congress and local people's congresses at all levels, there should be an appropriate number of women deputies. The state has taken measures to gradually increase the proportion of women deputies to the National People's Congress and local people's congresses at various levels.
Among the members of residents' committees and villagers' committees, there should be an appropriate number of women members.
Article 15 The state actively trains and selects female cadres, and attaches great importance to the training and selection of ethnic minority women cadres.
The training, selection and appointment of cadres by state organs, mass organizations, enterprises and institutions shall adhere to the principle of equality between men and women, and an appropriate number of women shall serve as leading members.
Women's federations and their group members may recommend female cadres to state organs, mass organizations, enterprises and institutions.
The state has taken measures to support the growth of female talents.
Article 16 The Women's Federation shall actively participate in the democratic consultation, democratic decision-making, democratic management and democratic supervision of state and social affairs on behalf of women.
Article 17 Relevant departments shall listen to and adopt any criticisms or reasonable and feasible suggestions concerning the protection of women's rights and interests; for complaints, accusations and reports concerning violations of women's rights and interests, the relevant departments shall find out the facts and be responsible for handling them. Individuals may not suppress or retaliate.
Chapter III Personal and Personal Rights and Interests
Article 18 The state guarantees that women enjoy the same personal and personality rights and interests as men.
Article 19 The personal freedom of women shall not be violated. Unlawful detention and deprivation or restriction of women's personal freedom by other unlawful means are prohibited; unlawful searches of women's bodies are prohibited.
Article 20 The human dignity of women shall not be violated. It is prohibited to use insults, slander, etc. to damage women's personal dignity.
Article 21 Women's rights to life, body and health shall not be violated. Abuse, abandonment, mutilation, sale and other acts that violate women's life and health rights and interests are prohibited.
Non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy are prohibited.
When a medical institution performs reproductive surgery, special examination or special treatment, the consent of the woman shall be obtained; when a woman disagrees with her family members or related persons, the will of the woman shall be respected.
Article 22: It is forbidden to abduct, sell, or kidnap women;
People's governments at all levels, public security, civil affairs, human resources and social security, health and other departments, villagers' committees, and residents' committees shall, in accordance with their respective responsibilities, discover reports in a timely manner, and take measures to rescue women who have been abducted, trafficked or kidnapped, and do a good job of rescuing women who are rescued. Resettlement, rescue and care work. The Women's Federation assists and cooperates with the relevant work. No organization or individual may discriminate against women who have been trafficked or kidnapped.
Article 23 Sexual harassment against women by means of words, words, images, physical behavior, etc. is prohibited.
Victimized women can lodge complaints with relevant units and state organs. Relevant units and state organs that receive complaints shall deal with them in a timely manner and inform them of the results in writing.
The victimized woman may report the case to the public security organ, or may file a civil lawsuit in the people's court, requesting the perpetrator to bear civil liability in accordance with the law.
Article 24 Schools shall conduct physical hygiene, mental health and self-protection education according to the age of female students, and take measures in education, management, facilities, etc. to improve their self-protection awareness and ability to prevent sexual assault and harassment, Ensure the personal safety and physical and mental development of female students.
Schools should establish a work system for effectively preventing and scientifically dealing with sexual assault and harassment. Schools shall not conceal the illegal and criminal acts of sexual assault or harassment of female students, and shall promptly notify the parents or other guardians of the victimized female students, report to the public security organs and education administrative departments, and cooperate with relevant departments to deal with them in accordance with the law.
For female students who are sexually assaulted or harassed, schools, public security organs, education administrative departments and other relevant units and personnel shall protect their privacy and personal information, and provide necessary protection measures.
Article 25 Employers shall take the following measures to prevent and stop sexual harassment of women:
(1) Formulating rules and regulations prohibiting sexual harassment;
(2) Clarify the responsible agency or personnel;
(3) To carry out education and training activities to prevent and stop sexual harassment;
(4) Take necessary security measures;
(5) Setting up complaint telephone numbers, mailboxes, etc., to unblock complaint channels;
(6) Establishing and improving investigation and handling procedures, handling disputes in a timely manner and protecting the privacy and personal information of the parties;
(7) Support and assist the victimized women in safeguarding their rights in accordance with the law, and provide psychological counseling for the victimized women when necessary;
(8) Other reasonable measures to prevent and suppress sexual harassment.
Article 26: Accommodation operators shall timely and accurately register the information of accommodation personnel, improve the rules and regulations of accommodation services, and strengthen safety and security measures; if they discover illegal and criminal acts that may infringe on women's rights and interests, they shall report to the public security organs in a timely manner.
Article 27 Prostitution and whoring of prostitutes is prohibited; it is prohibited to organize, coerce, lure, accommodate, or introduce women to prostitution or conduct obscene activities against women; it is prohibited to organize, coerce, lure, accommodate, or introduce women to perform obscene performances in any place or on the Internet .
Article 28: Women's personal rights and interests such as name rights, portrait rights, reputation rights, honor rights, privacy rights, and personal information are protected by law.
Media reports on incidents involving women should be objective and appropriate, and should not infringe on women's personal rights and interests by exaggerating facts or exaggerating.
It is forbidden to demean women through mass media or other means. Without my consent, women's portraits may not be used in advertisements, trademarks, exhibition windows, newspapers, periodicals, books, audio-visual products, electronic publications, networks, etc., unless otherwise stipulated by law.
Article 29 It is forbidden to entangle or harass women, leak or disseminate women's privacy and personal information on the grounds of falling in love or making friends, or after termination of a relationship or divorce.
Women who suffer from the above-mentioned violations or face the real danger of the above-mentioned violations may apply to the people's court for a personal safety protection order.
Article 30: The state establishes and improves the women's health service system, guarantees women's access to basic medical and health services, conducts prevention, screening and diagnosis and treatment of common and frequently-occurring diseases in women, and improves women's health.
The state takes necessary measures to popularize health knowledge, health care and disease prevention during menstruation, pregnancy, childbirth, breastfeeding and menopause, to ensure the health needs of women during special physiological periods, and to provide mental health service support for women in need.
Article 31 Local people's governments at or above the county level shall establish maternal and child health care institutions to provide women with health care and common disease prevention and treatment services.
The state encourages and supports social forces to participate in women's health and health undertakings by donating, funding, or providing voluntary services in accordance with the law, providing safe physical health supplies or services, and meeting women's diverse and differentiated health needs.
Employers shall regularly arrange examinations for gynecological diseases, breast diseases and other health examinations for women's special needs for female employees.
Article 32 Women enjoy the right to bear children according to law, and also have the freedom not to bear children.
Article 33 The state implements a pre-marital, pre-pregnancy, pregnancy and postpartum health care system, and gradually establishes a women's full reproductive cycle health care system. Medical care institutions shall provide safe and effective medical care services to ensure women's reproductive safety and health.
Relevant departments should provide safe and effective contraceptives and technologies to ensure women's health and safety.
Article 34 When planning and constructing infrastructure, the people's governments at all levels shall consider the special needs of women and provide public facilities such as public toilets and mother-infant rooms that meet women's needs.
Chapter IV Cultural and Educational Rights and Interests
Article 35: The state guarantees that women enjoy equal rights to culture and education with men.
Article 36 Parents or other guardians shall perform the obligation to ensure that female minors of school age receive and complete compulsory education.
For parents or other guardians who do not send school-age female minors to school without justifiable reasons, the local township people's government or the education administrative department of the county-level people's government shall give criticism and education, and order them to make corrections within a time limit according to law. Residents' committees and villagers' committees shall assist the government in doing relevant work well.
The government and schools should take effective measures to solve the practical difficulties of school-age female minors in school, and create conditions to ensure that school-age female minors complete compulsory education.
Article 37: Schools and relevant departments shall implement the relevant provisions of the state to ensure that women enjoy equal rights with men in such aspects as admission to school, further education, degree awarding, dispatch to study abroad, employment guidance and services.
When the school admits students, except for the special majors stipulated by the state, it shall not refuse to admit women or raise the admission standards for women on the grounds of gender.
People's governments at all levels shall take measures to ensure that women enjoy equal rights and opportunities to receive secondary and higher education.
Article 38 The people's governments at all levels shall, in accordance with regulations, incorporate the work of eliminating illiteracy and semi-literacy among women into their literacy and post-literacy continuing education plans, adopt organizational forms and work methods that conform to women's characteristics, and organize and supervise the specific implementation by relevant departments.
Article 39 The state shall improve the lifelong learning system for the whole people and create conditions for women's lifelong learning.
People's governments at all levels and relevant departments shall take measures to organize women to receive vocational education and practical technical training according to the needs of urban and rural women.
Article 40: State organs, social organizations, and enterprises and institutions shall implement relevant state regulations to ensure that women who engage in scientific, technological, literary, artistic and other cultural activities enjoy equal rights with men.
Chapter V Labor and Social Security Rights and Interests
Article 41: The state guarantees that women enjoy equal labor rights and social security rights with men.
Article 42 People's governments at all levels and relevant departments shall improve employment security policies and measures, prevent and correct gender discrimination in employment, create a fair employment and entrepreneurship environment for women, and provide necessary support and assistance to women with employment difficulties.
Article 43 During the process of recruitment (employment), unless otherwise stipulated by the state, an employer shall not carry out the following acts:
(1) Restricting to males or specifying that males are preferred;
(2) In addition to basic personal information, further inquire about or investigate the marriage and childbirth of female job applicants;
(3) Use the pregnancy test as an entry medical examination item;
(4) Restrictions on marriage, childbearing, or the status of marriage and childbearing are recorded as (employment) conditions of employment;
(5) Other acts of refusing to recruit (hiring) women on the grounds of gender or raising the standards for recruiting (hiring) women in a differentiated manner.
Article 44 When recruiting (employing) female employees, an employer shall sign a labor (employment) contract or a service agreement with it in accordance with the law. The labor (employment) contract or service agreement shall contain special protection clauses for female employees, and shall not stipulate Restrictions on marriage and childbirth of female employees.
The collective contract concluded between the employee and the employing unit shall contain the content related to gender equality and the protection of the rights and interests of female employees, and may also formulate special chapters and annexes for the relevant content, or separately conclude a special collective contract for the protection of the rights and interests of female employees.
Article 45 Men and women shall be paid equal pay for equal work. Women have equal rights with men in the enjoyment of welfare benefits.
Article 46: The principle of equality between men and women shall be adhered to in terms of promotion, promotion, professional and technical titles and positions, and training, and shall not discriminate against women.
Article 47 Employers shall, according to the characteristics of women, protect women's safety, health and the right to rest in accordance with the law during work and labor.
Women receive special protection during menstruation, pregnancy, childbirth and breastfeeding.
Article 48 Employers shall not reduce the wages and benefits of female employees due to marriage, pregnancy, maternity leave, breastfeeding, etc., restrict female employees from promotion, promotion, evaluation of professional and technical titles and positions, dismiss female employees, and unilaterally dismiss them. Labor (employment) contract or service agreement.
During the period when a female employee is pregnant and enjoying maternity leave according to law, if the labor (employment) contract or service agreement expires, the term of the labor (employment) contract or service agreement will automatically extend to the end of the maternity leave. However, unless the employer rescinds or terminates the labor (employment) contract or service agreement in accordance with the law, or the female employee legally requests to rescind or terminate the labor (employment) contract or service agreement.
Employers shall not discriminate against women on the grounds of gender when implementing the national retirement system.
Article 49: Human resources and social security departments shall include gender discrimination in the process of recruitment, admission, promotion, promotion, evaluation of professional and technical titles and positions, training, and dismissal into the scope of labor security supervision.
Article 50 The state develops social security undertakings to ensure that women enjoy rights and interests such as social insurance, social assistance and social welfare.
The state advocates and encourages social welfare activities to help women.
Article 51 The state implements a maternity insurance system, and establishes and improves other security systems related to maternity such as childcare services for infants and young children.
The state has established and improved the maternity leave system for employees to ensure that female employees during pregnancy and childbirth are legally entitled to rest and vacation rights.
Local people's governments at all levels and relevant departments shall, in accordance with relevant state regulations, provide necessary childbirth assistance to eligible women in need.
Article 52: People's governments at all levels and relevant departments shall take necessary measures to strengthen the protection of the rights and interests of poor women, elderly women, disabled women and other women in difficulty, and provide them with life assistance, employment and entrepreneurship support and other care services in accordance with relevant regulations.
Chapter VI Property Rights
Article 53: The state guarantees that women enjoy equal property rights with men.
Article 54 The rights and interests enjoyed by women in accordance with the law shall not be infringed upon in the relationship between the joint property of husband and wife and the joint property of the family.
Article 55: Women enjoy equal rights with men in the identification of membership in rural collective economic organizations, land contract management, income distribution by collective economic organizations, compensation for land expropriation and resettlement or compensation for expropriation, and the use of homesteads.
When applying for the registration of real estate such as rural land contract management rights and homestead use rights, all family members such as women who enjoy rights shall be listed in the real estate registration book and ownership certificate. The expropriation compensation resettlement or expropriation compensation agreement shall include women who enjoy relevant rights and interests, and record the rights and interests.
Article 56 The villagers' self-government charter, village rules and regulations, the decisions of the villagers' meeting, the villagers' representative meeting, and other decisions concerning the interests of the villagers shall not be violated on the grounds that women are unmarried, married, divorced, widowed, or that there is no male in the household. Women's rights and interests in rural collective economic organizations.
If the married man settles down at the woman's residence, the man and his children enjoy equal rights and interests as members of the local rural collective economic organization.
Article 57: The state protects the rights and interests of women in urban collectively-owned property relations. Women enjoy relevant rights and interests in accordance with laws and regulations.
Article 58 Women shall enjoy the same inheritance rights as men. Women exercise their inheritance rights in accordance with the law without discrimination.
Widowed women have the right to dispose of inherited property according to law, and no organization or individual may interfere.
Article 59 Where a widowed daughter-in-law has fulfilled the main duty of support to her parents-in-law, as the first-order heir, her right of inheritance shall not be affected by the subrogation of children.
Chapter VII Marriage and Family Rights
Article 60: The state guarantees that women enjoy equal rights to marriage and family as men.
Article 61: The state protects women's autonomy in marriage. Interference with women's freedom of marriage and divorce is prohibited.
Article 62 The state encourages both men and women to jointly conduct medical examinations or related health examinations before marriage registration.
Article 63 The marriage registration authority shall provide marriage and family counseling services to guide the parties to establish an equal, harmonious and civilized marriage and family relationship.
Article 64: During the period of pregnancy, within one year after childbirth, or within six months after termination of pregnancy, the man shall not file for divorce; however, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.
Article 65: Domestic violence against women is prohibited.
Relevant departments of the people's government at or above the county level, judicial organs, social organizations, enterprises and institutions, grass-roots mass autonomous organizations, and other organizations shall prevent and stop domestic violence within the scope of their respective duties, and provide assistance to women victims in accordance with the law.
Article 66: Women have equal rights to possess, use, benefit from, and dispose of the common property of husband and wife with their spouses, regardless of the income status of both parties.
For immovable property jointly owned by husband and wife and movable property that can be registered jointly, the woman has the right to request that her name be recorded on the ownership certificate; if she thinks that the recorded rights holder, subject matter, rights ratio and other matters are wrong, she has the right to apply for correction of registration or registration according to law. For objection registration, the relevant institution shall go through the corresponding registration formalities according to the application.
Article 67 During the divorce proceedings, if one of the husband and wife applies to inquire about the status of the property registered in the other party's name and it is indeed impossible to collect it by himself due to objective reasons, the people's court shall investigate and collect evidence, and the relevant departments and units shall provide assistance.
During the divorce proceedings, both husband and wife have the obligation to declare all the joint property of the husband and wife to the people's court. Where one party conceals, transfers, sells, destroys, squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to encroach upon the property of the other party, when dividing the joint property of the husband and wife, the party may divide the property less or not.
Article 68 Both husband and wife shall jointly undertake family obligations and jointly take care of family life.
If the woman has more obligations due to raising children, caring for the elderly, assisting the man in work, etc., she has the right to ask the man to make compensation when divorced. The compensation method shall be determined by agreement between the two parties; if the agreement fails, a lawsuit may be filed in the people's court.
Article 69 In the case of divorce, the division of the house jointly owned by the husband and wife or the disposal of the house jointly rented by the husband and wife shall be settled by agreement between the two parties; if the agreement fails, a lawsuit may be filed in the people's court.
Article 70 Both parents have equal right of guardianship over minor children.
If the father dies, is incapable of guardianship, or cannot act as the guardian of the minor children under other circumstances, no organization or individual may interfere with the mother's guardianship.
Article 71 Where the woman loses her ability to bear children, when handling the issue of child support through divorce, priority shall be given to the woman's support request under the conditions that are most favorable to the minor children.
Chapter VIII Relief Measures
Article 72: Any organization or individual has the right to dissuade, stop, or file a complaint or report to the relevant department for acts that violate the lawful rights and interests of women. After receiving the accusation or report, the relevant departments shall deal with it in a timely manner according to law, and keep the accusers and informers confidential.
If women's legitimate rights and interests are violated, they have the right to request relevant departments to deal with them in accordance with the law, or to apply for mediation or arbitration in accordance with the law, or to file a lawsuit in a people's court.
For eligible women, local legal aid agencies or judicial organs shall provide assistance and provide them with legal aid or judicial aid in accordance with the law.
Article 73 Where women's lawful rights and interests are violated, they may seek help from women's federations and other women's organizations. Women's federations and other women's organizations shall safeguard the legitimate rights and interests of women who have been violated, and have the right to request and assist relevant departments or units to investigate and deal with them. Relevant departments or units shall investigate and deal with them according to the law, and give a reply; if they do not deal with it or deal with it improperly, the institutions responsible for women and children's work of the people's government at or above the county level and the women's federation may submit suggestions for supervising and dealing with them, and if necessary, they may submit a request to the people at the same level. The government conducts inspections.
The women's federation shall provide support and assistance to the victim women who need help in litigation.
Article 74 Where an employer infringes upon women's labor and social security rights and interests, the human resources and social security department may join the trade union and the women's federation to interview the employer, supervise in accordance with the law and require them to make corrections within a time limit.
Article 75 Where women's rights and interests are infringed on the confirmation of membership in a rural collective economic organization, they may apply to the township people's government for coordination, or file a lawsuit in a people's court.
The township people's government shall provide guidance to the villagers' self-government charter, village rules and regulations, decisions of the villagers' meeting and the villagers' representative meeting, and other decisions concerning the interests of the villagers. Order to make corrections; if the victimized women apply to the rural land contract arbitration institution for arbitration or file a lawsuit with the people's court, the rural land contract arbitration institution or the people's court shall accept the case in accordance with the law.
Article 76: People's governments at or above the county level shall open a national unified service hotline for the protection of women's rights and interests, and promptly accept and transfer complaints and reports concerning violations of women's lawful rights and interests; relevant departments or units shall deal with complaints and reports in a timely manner after receiving them. .
Encourage and support mass organizations, enterprises and institutions, social organizations and individuals to participate in the establishment of a service hotline for the protection of women's rights and interests, and provide consultation and assistance in the protection of women's rights and interests.
Article 77 Where the lawful rights and interests of women are infringed and the social and public interests are damaged, the procuratorial organ may issue a procuratorial suggestion; under any of the following circumstances, the procuratorial organ may file a public interest lawsuit according to law:
(1) Violating women's rights and interests or infringing upon women's rights to contract rural land and collective income, rights and interests in compensation and distribution of land expropriation and requisition, and rights and interests in the use of homestead when confirming their membership in rural women's collective economic organizations;
(2) Violating women's equal employment rights and interests;
(3) Relevant units fail to take reasonable measures to prevent and stop sexual harassment;
(4) Belittling and harming women's personality through mass media or other means;
(5) Other circumstances that seriously violate the rights and interests of women.
Article 78: State organs, social organizations, enterprises and institutions may support the women who have been violated to file a lawsuit in the people's court for acts that violate women's rights and interests.
Chapter IX Legal Liability
Article 79 Those who violate the provisions of paragraph 2 of Article 22 of this Law and fail to perform their reporting obligations shall be punished according to law to the person in charge who is directly responsible and other persons who are directly responsible.
Article 80: Those who violate the provisions of this Law by sexually harassing women shall be criticized and educated by the public security organ or issued a letter of warning, and the unit where they work shall be punished according to law.
Where schools and employers violate the provisions of this Law and fail to take necessary measures to prevent and stop sexual harassment, resulting in violation of women's rights and interests or bad social impact, the higher-level organ or the competent department shall order corrections; if corrections are refused or the circumstances are serious, they shall be directly responsible in accordance with the law The person in charge and other directly responsible personnel shall be punished.
Article 81 Those who violate the provisions of Article 26 of this Law and fail to perform reporting and other obligations shall be given a warning, ordered to suspend business for rectification or revoked their business licenses or relevant permits, and imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan. .
Article 82 Whoever, in violation of the provisions of this Law, demeans and harms women's personality through mass media or other means shall be ordered to make corrections by the public security, internet information, cultural tourism, radio and television, press and publication or other relevant departments in accordance with their respective functions and powers, and shall be ordered to make corrections according to law. impose administrative penalties.
Article 83 If the employing unit violates the provisions of Articles 43 and 48 of this Law, the human resources and social security department shall order it to make corrections; if it refuses to make corrections or the circumstances are serious, it shall be fined not less than 10,000 yuan and 50,000 yuan The following fines.
Article 84 Whoever violates the provisions of this Law by evading, delaying, or suppressing any complaints, accusations, or reports of violations of women's rights and interests, or retaliating against those who file complaints, accusations, or reports, shall be ordered to make corrections in accordance with the law, and shall be ordered to make corrections. Sanctions shall be imposed on the directly responsible supervisor and other directly responsible personnel.
Where state organs and their staff fail to perform their duties in accordance with the law, fail to promptly stop acts that violate women's rights and interests, or fail to provide necessary assistance to the victimized women, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law.
Whoever violates the provisions of this Law and infringes upon women's personal and personality rights, cultural and educational rights, labor and social security rights, property rights, and marriage and family rights and interests shall be ordered to make corrections in accordance with the law. punished according to law.
Article 85: Those who violate the provisions of this Law and infringe upon the lawful rights and interests of women, and other laws and regulations provide for administrative punishment, the provisions thereof shall be followed; if any property loss or personal injury is caused, they shall bear civil liability according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law .
Chapter 10 Supplementary Rules
Article 86 This Law shall come into force on January 1, 2023.
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