The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac...The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.展开更多
The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of ...The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside展开更多
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse...Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.展开更多
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat...On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:展开更多
1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements hav...1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,展开更多
EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and fo...EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.展开更多
The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit ...The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."展开更多
Since its promulgation a decade ago, the Law on Protection of Women's Rights and Interests of the People's Republic of China (hereinafter referred to as theWomen's Protection Law for short) has played a pivotal r...Since its promulgation a decade ago, the Law on Protection of Women's Rights and Interests of the People's Republic of China (hereinafter referred to as theWomen's Protection Law for short) has played a pivotal role in protecting the legitimate rights and interests of Chinese women and in promoting gender equality in the country. Nevertheless, it has proved increasingly inadequate as political, economic, social and cultural changes have kept taking place in the country, along with changes in values and people's life styles and thinking. First of all, the subject of its enforcement is not explicitly specified,展开更多
On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Ove...On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.展开更多
The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of Ch...The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of China(CpC)and the Chinese government have a strong political will and a sense of political responsibility in realizing gender equality and protecting women’s rights.over the past 100 years,under the leadership of the CpC,the status of Chinese women has been fundamentally changed in the political and legal sense,and a historic breakthrough has been achieved.The development of the Chinese women’s cause has overcome many difficulties.In particular,after the launch of the reform and opening-up,on the basis of economic development,social progress,and continuous promotion of the rule of law,a set of legal protection systems for comprehensive protection of women’s rights have gradually been formed.The concept of social gender has provided new perspectives and approaches for China’s legal studies,and the process of gender mainstreaming in China has continued to deepen.China follows the socialist path of women’s cause with Chinese characteristics and continues to strengthen the legal protection of women’s rights in China,thereby making important contributions to the development of women in the world.展开更多
1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights ha...1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights has developed without considering its impact upon women. Transforming this discourse to a perspective that will consider the needs and vindications of women is absolutely essential.1 Although international efforts addressing women's issues presumed to be associated with women began in the nineteenth century, it was in the postwar period that such activity gained a coherent focus under the auspices of United Nations.展开更多
"Women's rights and interests are human rights" is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women's right..."Women's rights and interests are human rights" is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women's rights and interests, we cannot but feel gratified to know that we have made great progress.展开更多
Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the...Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.展开更多
Editor's note: Following is the interview with Liu Qunying, chair of the Women's Federation of Fuijian Province, about how women's rights and interests are protected in this southeastern province.
ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women i...ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women in China, was adopted at the fifth session of the Seventh National People’s Congress (NPC), and entered into force on October 1 of the same year.展开更多
ContentsChapter Ⅰ General ProvisionsChapter Ⅱ Political RightsChaptet Ⅲ Rights and Interests Relating to Culture and EducationChapter Ⅳ Rights and Interests Relating to WorkChapter Ⅴ Rights and Interests Relating...ContentsChapter Ⅰ General ProvisionsChapter Ⅱ Political RightsChaptet Ⅲ Rights and Interests Relating to Culture and EducationChapter Ⅳ Rights and Interests Relating to WorkChapter Ⅴ Rights and Interests Relating to PropertyChapter Ⅵ Rights Relating to the PersonChapter Ⅶ Rights and Interests Relating to Marriage and FamilyChapter Ⅷ Legal ResponsibilityChaptet Ⅸ Supplementary展开更多
JIANG Zemin, President of the People’s Republic of China, once said: "Respecting women and protecting women is an important sign of social progress. It should become a civilized society’s legal provision and mo...JIANG Zemin, President of the People’s Republic of China, once said: "Respecting women and protecting women is an important sign of social progress. It should become a civilized society’s legal provision and moral concept." On October 1, 1992 the Law of the P.R.C. on the Protection of Rights and Interests of Women was put into effect, which was considered a major accomplishment for China and Chinese women. More than two years have passed since the implementation of the law. How well has the law展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
文摘The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.
文摘The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside
文摘Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.
文摘On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:
文摘1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,
文摘EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.
文摘The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."
文摘Since its promulgation a decade ago, the Law on Protection of Women's Rights and Interests of the People's Republic of China (hereinafter referred to as theWomen's Protection Law for short) has played a pivotal role in protecting the legitimate rights and interests of Chinese women and in promoting gender equality in the country. Nevertheless, it has proved increasingly inadequate as political, economic, social and cultural changes have kept taking place in the country, along with changes in values and people's life styles and thinking. First of all, the subject of its enforcement is not explicitly specified,
文摘On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.
基金the phased result of the research program“A Human Rights Dimension of the Xi Jinping Thought on the Rule of Law”undertaken by China Society for Human Rights Studies
文摘The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of China(CpC)and the Chinese government have a strong political will and a sense of political responsibility in realizing gender equality and protecting women’s rights.over the past 100 years,under the leadership of the CpC,the status of Chinese women has been fundamentally changed in the political and legal sense,and a historic breakthrough has been achieved.The development of the Chinese women’s cause has overcome many difficulties.In particular,after the launch of the reform and opening-up,on the basis of economic development,social progress,and continuous promotion of the rule of law,a set of legal protection systems for comprehensive protection of women’s rights have gradually been formed.The concept of social gender has provided new perspectives and approaches for China’s legal studies,and the process of gender mainstreaming in China has continued to deepen.China follows the socialist path of women’s cause with Chinese characteristics and continues to strengthen the legal protection of women’s rights in China,thereby making important contributions to the development of women in the world.
文摘1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights has developed without considering its impact upon women. Transforming this discourse to a perspective that will consider the needs and vindications of women is absolutely essential.1 Although international efforts addressing women's issues presumed to be associated with women began in the nineteenth century, it was in the postwar period that such activity gained a coherent focus under the auspices of United Nations.
文摘"Women's rights and interests are human rights" is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women's rights and interests, we cannot but feel gratified to know that we have made great progress.
文摘Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.
文摘Editor's note: Following is the interview with Liu Qunying, chair of the Women's Federation of Fuijian Province, about how women's rights and interests are protected in this southeastern province.
文摘ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women in China, was adopted at the fifth session of the Seventh National People’s Congress (NPC), and entered into force on October 1 of the same year.
文摘ContentsChapter Ⅰ General ProvisionsChapter Ⅱ Political RightsChaptet Ⅲ Rights and Interests Relating to Culture and EducationChapter Ⅳ Rights and Interests Relating to WorkChapter Ⅴ Rights and Interests Relating to PropertyChapter Ⅵ Rights Relating to the PersonChapter Ⅶ Rights and Interests Relating to Marriage and FamilyChapter Ⅷ Legal ResponsibilityChaptet Ⅸ Supplementary
文摘JIANG Zemin, President of the People’s Republic of China, once said: "Respecting women and protecting women is an important sign of social progress. It should become a civilized society’s legal provision and moral concept." On October 1, 1992 the Law of the P.R.C. on the Protection of Rights and Interests of Women was put into effect, which was considered a major accomplishment for China and Chinese women. More than two years have passed since the implementation of the law. How well has the law
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.