The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id...The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.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 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
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 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
The women＇s liberation movement in China started after the first opium war and it took shape with the aim of protecting the race and salvaging the country. Doubtlessly, the emergence of modern feminism opened the pre...The women＇s liberation movement in China started after the first opium war and it took shape with the aim of protecting the race and salvaging the country. Doubtlessly, the emergence of modern feminism opened the precedent in the theory of women＇s liberation in China and exerted a profound and far-reaching influence on women＇s liberation afterwards. But we must face up to the fact that there was some traps or misunderstanding of modern feminism, which were unfavorable for realizing women＇s rights and such influence was long, so much so that till today we are still seeing its existence. It is, therefore, necessary to have a full reflection of modem feminism, unveil the original meaning of women＇s rights and make women＇s rights return to human rights in order to make the development of women＇s fights continue.展开更多
An academic forum was held on March 22, 2005 on women’s labor rights and interests. Participating were some 30 experts from China Society for Human Rights Studies, All-China Women’s Federation, All-China Federation ...An academic forum was held on March 22, 2005 on women’s labor rights and interests. Participating were some 30 experts from China Society for Human Rights Studies, All-China Women’s Federation, All-China Federation of Trade Unions, as well as Renmin University of China and other prestigious institutions of higher learning. Jointly sponsored by the Labor and Social Security Branch of Beijing Law Society (BLS) and Chinese Women’s College (CWC), the forum reviewed the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
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.
IN this new column we will introduce to readers the laws relating to women and children. To understand this is very important if you want to study Chinese women’s status and legal rights. In 1982, the principle that ...IN this new column we will introduce to readers the laws relating to women and children. To understand this is very important if you want to study Chinese women’s status and legal rights. In 1982, the principle that women enjoy equal rights with men was written into the Constitution of the People’s Republic of China, which was originally promulgated in 1954. In the new Constitution of the PRC that was revised and adopted in 1982,展开更多
基金a phased project of the “Research on the Principles of Argumentation of Ratio Legis (Reasons) in Local Legislation” (Project Approval Number 2023EFX002)a Youth Project of Shanghai Philosophy and Social Science Planning in 2023。
文摘The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.
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.
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.
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The women＇s liberation movement in China started after the first opium war and it took shape with the aim of protecting the race and salvaging the country. Doubtlessly, the emergence of modern feminism opened the precedent in the theory of women＇s liberation in China and exerted a profound and far-reaching influence on women＇s liberation afterwards. But we must face up to the fact that there was some traps or misunderstanding of modern feminism, which were unfavorable for realizing women＇s rights and such influence was long, so much so that till today we are still seeing its existence. It is, therefore, necessary to have a full reflection of modem feminism, unveil the original meaning of women＇s rights and make women＇s rights return to human rights in order to make the development of women＇s fights continue.
文摘An academic forum was held on March 22, 2005 on women’s labor rights and interests. Participating were some 30 experts from China Society for Human Rights Studies, All-China Women’s Federation, All-China Federation of Trade Unions, as well as Renmin University of China and other prestigious institutions of higher learning. Jointly sponsored by the Labor and Social Security Branch of Beijing Law Society (BLS) and Chinese Women’s College (CWC), the forum reviewed the
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IN this new column we will introduce to readers the laws relating to women and children. To understand this is very important if you want to study Chinese women’s status and legal rights. In 1982, the principle that women enjoy equal rights with men was written into the Constitution of the People’s Republic of China, which was originally promulgated in 1954. In the new Constitution of the PRC that was revised and adopted in 1982,
