《中国性别平等与妇女发展》白皮书
White Paper: Gender Equality and Women's Development in China
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| 七、性别平等与妇女发展的法治保障 | VII. Legal Guarantees for Gender Equality and Women's Development |
| 中国加快建设社会主义法治国家，全面推进依法治国，探索创新中国特色社会主义妇女权益保障机制，形成了以《中华人民共和国宪法》为基础，《中华人民共和国妇女权益保障法》为主体，包括国家各种单行法律法规、地方性法规和政府规章在内的保障妇女权益和促进性别平等的法律体系。 | By accelerating the building of a socialist country under the rule of law, comprehensively promoting the rule of law and exploring socialist mechanisms safeguarding women's rights and interests, China has put in place a legal system for protecting women's rights and interests and promoting gender equality that is based on the Constitution, takes the Law on the Protection of Rights and Interests of Women as the core and encompasses various specific state laws and regulations, local regulations and government rules and regulations. |
| 保障妇女权益的法律法规不断完善。20年间，先后制定和修改婚姻法、人口与计划生育法、就业促进法、村民委员会组织法、社会保险法、妇女权益保障法、女职工劳动保护特别规定等20多部法律法规。31个省(区、市)修订妇女权益保障法实施办法。反对针对妇女暴力的立法取得重大进展。29个省(区、市)制定了预防和制止家庭暴力的地方性法规或政策。2015年8月，十二届全国人大常委会第十六次会议对《中华人民共和国反家庭暴力法(草案)》进行第一次审议。2005年修订的妇女权益保障法增加了禁止对妇女实施性骚扰的规定，2012年颁布实施的《女职工劳动保护特别规定》明确要求用人单位应当预防和制止对女职工的性骚扰。2015年8月通过的《中华人民共和国刑法修正案(九)》加强对女性特别是幼女的保护，更加有力地惩处强奸幼女、拐卖妇女儿童的犯罪行为。 | Laws and regulations protecting women's rights and interests have been constantly improved. Over the past two decades, more than 20 laws and regulations have been enacted and revised, including the Marriage Law, Population and Family Planning Law, Employment Promotion Law, Organic Law of the Villagers Committees, Social Insurance Law, Law on the Protection of Rights and Interests of Women, and Special Regulations on the Labor Protection of Female Employees. The 31 provinces, autonomous regions and municipalities directly under the central government on China's mainland have revised their measures for implementing the Law on the Protection of Rights and Interests of Women. Major progress has been made in legislation addressing violence against women. Twenty-nine provinces (autonomous regions and municipalities directly under the central government) have formulated local regulations or policies to prevent and prohibit domestic violence. In August 2015, the 16th session of China's 12th NPC Standing Committee conducted the first review of the Anti-domestic Violence Law (Draft). An article addressing sexual harassment against women was added to the Law on the Protection of Rights and Interests of Women revised in 2005, and the Special Regulations on the Labor Protection of Female Employees formulated and implemented in 2012 clearly stipulate that employers should prevent and prohibit sexual harassment against female employees. The Amendment IX to the Criminal Law of the People's Republic of China approved in August 2015 strengthened protection of women, especially of girls under the age of 14, and specified harsher punishments for the crimes of raping girls under the age of 14 and abducting and trafficking in women and children. |
| 保障妇女权益的执法力度不断加大。全国人大常委会重视开展妇女权益保障法等相关法律的执法检查和专题调研，督促各级政府部门严格执法。加大对用人单位和人力资源服务机构的检查力度，依法查处侵害女职工合法权益的劳动保障违法行为，促进妇女平等就业。2013年，国务院发布《中国反对拐卖人口行动计划(2013-2020年)》，进一步完善部门联动协作机制。公安机关坚决打击暴力侵害妇女的违法犯罪行为。2013年，共破获强奸案件25852起，破获拐卖妇女案件4537起。加强国际司法协作，开展国际合作项目，严厉打击跨国跨区域的拐卖妇女儿童犯罪。 | Law enforcement has been intensified to protect women's rights and interests. The NPC Standing Committee has attached great importance to law enforcement inspection and thematic research on the enforcement of the Law on the Protection of Rights and Interests of Women and related issues, and urged government departments at all levels to strictly enforce the law. China has strengthened inspection of employers and human resources service organizations, investigated and dealt with crimes violating the labor protection law and infringing upon the legitimate rights and interests of female employees, and promoted gender equality in employment. The State Council issued China' s Action Plan Against Human Trafficking (2013-2020) in 2013, further improving the mechanism of inter-departmental coordination. The public security organs have resolutely combated crimes of violence against women. In 2013, they uncovered 25,852 rape cases and 4,537 cases of abducting and trafficking in women. China has also strengthened international judicial cooperation, carried out international cooperation programs, and severely dealt with transnational and trans-regional gangs engaged in abducting and trafficking in women and children. |
| 妇女权益的司法保护不断加强。法院系统设立专门的妇女维权合议庭、家事审判庭，妥善审理婚姻家庭纠纷案件，保障妇女在情感补偿、财产分割等方面的合法权益。加大对猥亵、侮辱妇女，拐卖妇女，收买被拐卖妇女等侵害妇女人身权益违法犯罪行为的惩治力度，维护妇女人身权益和尊严。鼓励开展反家庭暴力的基层司法实践，探索家庭暴力人身安全保护裁定制度，试点法院从2008年的5个省扩展到目前的14个省。一些地方公安机关建立家庭暴力告诫制度，加大家庭暴力事先防范和及时制止力度。2014年，最高人民法院公布家庭暴力指导案例，规范以暴制暴案件的司法自由裁量权，增强了法律适用统一性。注重发挥妇女在公正司法中的重要作用。2013年，人民陪审员中女性占34.2%；女法官、女检察官比例分别为28.8%、29.3%，比1995年分别增长了12.1%、12.3%。女法官协会、女检察官协会、女律师协会等专业性妇女组织发挥积极作用，维护妇女权益。 | Judicial protection of women's rights and interests has been strengthened. The courts have established special collegial panels for safeguarding women's rights, along with family courts to properly try cases of marriage and family disputes and protect women's legitimate rights and interests in emotional distress compensation and property division. Punishment has been reinforced against crimes violating women's personal rights and interests, such as crimes of acting indecently against or insulting a woman by force, of abducting and trafficking women and of buying abducted women, all in an effort to safeguard women' s personal rights, interests and dignity. China has also encouraged judicial action against domestic violence at the grassroots level. It has explored the adjudication system of personal security protection against domestic violence, and courts which conduct this pilot program are found in 14 provinces as compared to five in 2008. Some local public security organs have established a domestic violence warning system so as to prevent and respond promptly to domestic violence in a more effective manner. In 2014, the Supreme People's Court issued the guiding cases on domestic violence, regulated judicial discretion in cases of answering violence with violence, and improved the unified application of the law. China has given priority to the important role played by women in judicial justice. In 2013, the proportion of female people's jurors was 34.2 percent, and the proportions of female judges and procurators were 28.8 percent and 29.3 percent, up 12.1 percent and 12.3 percent over 1995, respectively. Professional women's organizations, such as women judges associations, women procurators associations and women lawyers associations, have played a positive role in safeguarding women's rights and interests. |
| 加强普法宣传教育，提高性别平等的法律意识。连续实施六个“五年普法规划”，将保障妇女权益的法律法规纳入其中，作为各级各类学校法治教育课程和国家广播、电视、报刊、网络等新闻媒体宣传的重要内容。运用法治宣传教育网络，深入开展促进性别平等的法律进机关、进乡村、进社区、进学校、进企业、进单位的主题活动，努力营造尊重和保障妇女权益的社会氛围。妇联及其他妇女组织针对侵害妇女权益重大事件加强舆情监测和科学研判，及时发声，倡导全社会树立男女平等的价值观念。开展“建设法治中国·巾帼在行动”等活动，引导广大妇女尊法、学法、守法和用法，提高妇女依法维护自身合法权益的意识和能力。 | Intensified publicity and education campaigns on law have been carried out to raise public awareness of legal aspects of gender equality. China has implemented in succession six five-year plans to spread legal knowledge among the public, making laws and regulations safeguarding women's rights and interests an important part of law-related education in schools at different levels, and ensuring they are well publicized in the media through radio, television programs, newspapers and periodicals, and the Internet. Taking advantage of the publicity and education network, China has held law-themed activities to promote the understanding and application of laws on gender equality in state organs, villages, communities, schools, enterprises and work units, trying to nurture an atmosphere of respecting and protecting women's rights and interests in society. Women's federations at all levels and other women's organizations have intensified public opinion monitoring and scientific analysis of major cases violating women's rights and interests, giving voice to the female view in a timely manner, and advocating the value of gender equality throughout society. Activities such as "Building a China under the Rule of Law: Women in Action" have been held to guide female citizens to respect, study, abide by and make use of law, and to improve their awareness and capability of safeguarding their own legitimate rights and interests through the law. |
| 完善多机构合作的妇女维权机制，为妇女提供法律服务。2013年、2014年分别出台《关于进一步推进法律援助工作的意见》和《关于建立完善国家司法救助制度的意见(试行)》，为更多妇女获得法律援助和司法救助提供制度保障。2014年全国共设立法律援助机构3737个，获得法律援助的妇女达35.2万人，与2000年相比，法律援助机构增长97.7%，获得法律援助的妇女人数增加31万人。支持妇联及其他妇女组织开设妇女维权服务热线、成立维权服务机构等，积极为妇女提供法律帮助与服务。目前，31个省(区、市)的2800多个区(县)开通“12338”妇女维权服务热线，建立妇女维权站、维权岗、家庭暴力投诉站等各类维权服务机构25万个，畅通了妇女维权渠道。 | The mechanism of women's rights protection based on multi-institutional cooperation has been improved to provide legal services to women. The Opinions on Further Strengthening Legal Aid and the Opinions on Establishing and Improving the System of State Judicial Relief (for Trial Implementation) were issued in 2013 and 2014 respectively, providing an institutional guarantee for the provision of legal aid and judicial relief to women. In 2014, China established 3,737 legal aid institutions, providing help to 352,000 women. Compared with 2000, the number of legal aid institutions increased by 97.7 percent, and the number of women receiving legal aid increased by 310,000. Support has been given to the efforts of women' s federations and other women's organizations in setting up hotlines and institutions providing rights protection services and legal aid for women. At present, the hotline 12338 has been in operation in more than 2,800 districts (counties) of China's 31 provincial-level administrative divisions, and 250,000 institutions such as women's rights protection stations and complaint centers against domestic violence have been established, which have widened the channels for Chinese women to protect their rights and interests. |
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