政府报告：《平等发展共享新中国70年妇女事业的发展》

　　二、保障妇女权益的法治体系不断完善

　　II. The Legal System for Protection of Women Rights Constantly Improved

　　妇女权益是基本人权。中国把保障妇女权益纳入法律法规，上升为国家意志，内化为社会行为规范。新中国成立伊始，中国共产党组织制定实施一系列法律法规提高妇女地位。改革开放40多年来，中国不断强化男女平等的法治保障，将保障妇女权益贯穿于科学立法、严格执法、公正司法、全民守法各环节，在建设社会主义法治国家、法治政府、法治社会进程中，推动妇女权益保障水平不断迈上新台阶。

　　Women’s rights belong to the realm of basic human rights. In China, the protection of women’s rights has been included in laws and regulations, manifesting itself as a state will and a norm of intrinsic social behaviors. Since the founding of the New China, a long list of laws and regulations have been drafted and enacted with the initiative of the CPC to improve the status of women. Over the past 40 years of reform and opening up, China has constantly cemented the legal assurance for gender equality. The protection of women’s rights is secured through scientific legislation, strict law enforcement, fair administration of justice and law-abiding public. In the course of building a socialist country, government and society ruled by laws, assurance of women rights is continuously strengthened.

　　保障妇女权益的法律体系不断完善。《中华人民共和国宪法》作为国家根本大法，始终坚持男女平等原则。1954年第一部宪法规定了妇女在政治、经济、文化、社会和家庭生活各方面享有同男子平等的权利，并在历次修改中一以贯之。2004年，“国家尊重和保障人权”写入宪法修正案，奠定了妇女人权保障基石。1950年，新中国第一部法律——《中华人民共和国婚姻法》确立了婚姻自由、一夫一妻、男女权利平等的婚姻制度。改革开放40多年来，伴随中国特色社会主义民主法治进程，中国制定和修订《中华人民共和国全国人民代表大会和地方各级人民代表大会选举法》《中华人民共和国刑法》《中华人民共和国婚姻法》《中华人民共和国母婴保健法》《中华人民共和国劳动法》《中华人民共和国就业促进法》《中华人民共和国劳动合同法》《中华人民共和国农村土地承包法》《中华人民共和国村民委员会组织法》等法律法规，都鲜明体现了男女平等原则。1992年制定实施的《中华人民共和国妇女权益保障法》，是中国第一部促进男女平等、保障妇女权益的基本法，具体规定了妇女的政治权利、文化教育权益、劳动权益、财产权益、人身权利和婚姻家庭权益。2005年修订妇女权益保障法，确立了男女平等基本国策的法律地位，并将“劳动权益”修订为“劳动和社会保障权益”。党的十八大以来，保障妇女权益立法取得新突破。2015年出台《中华人民共和国反家庭暴力法》，设立家庭暴力告诫、强制报告、人身安全保护令和紧急庇护四项制度;同年，刑法修正案(九)废除嫖宿幼女罪，加大保护幼女人身权利。70年来，中国逐步形成并完善了以宪法为基础，以妇女权益保障法为主体，包括100多部单行法律法规在内的保障妇女权益的法律体系。

　　The legal system for women rights protection has been subject to constant improvement. The Constitution of the People’s Republic of China, as the fundamental law of the country, has maintained the principle of gender equality. It was stipulated in the first version of the Constitution issued in 1954 that “women in the People’s Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural and social, and family life,” and this principle remains unchanged in all subsequent revisions to the Constitution. In 2004, “the state values and safeguards human rights” was included in the constitutional amendment, thus providing a foundation of human rights protection for women. In 1950, the Marriage Law of the People’s Republic of China, the first law enacted in New China, legalized a marriage system characterized by free marriage, monogamy, and equal rights between men and women. In the past 40 years of reform and opening up, as the democratic and legal governance of socialism with Chinese characteristics proceeded, a series of laws and regulations mandating gender equality have been drafted and revised, including Election Law of the People’s Republic of China for the National People’s Congress and Local People’s Congresses at All Levels, Criminal Law of the People’s Republic of China, Marriage Law of the People’s Republic of China, Law of the People’s Republic of China on Maternal and Infant Health Care, Labor Law of the People’s Republic of China, Employment Promotion Law of the People’s Republic of China, Labor Contract Law of the People’s Republic of China, Law of the People’s Republic of China on Rural Land Contracting, and Villagers Committee Organization Law of the People’s Republic of China. Law of the People’s Republic of China on the Protection of Rights and Interests of Women that came into force in 1992 was the first fundamental law in China designed specifically for realizing gender equality and protecting rights and interests of women. It sets forth in details the legal rights and interests of women in politics, culture, education, property, personal affairs, marriage and family. An amendment to Law of the People’s Republic of China on the Protection of Rights and Interests of Women in 2005 officially established the legal status of gender equality as a fundamental national policy, and revised “labor rights and interests” to “labor and social security rights and interests”. New breakthroughs have been made in the legislation for the protection of women’s rights since the 18th CPC National Congress. Anti-domestic Violence Law of the People’s Republic of China enacted in 2015 created four new systems – domestic violence warning, compulsory reporting, personal safety protection order, and emergent protection. In the same year, in the Criminal Law Amendment (IX), the act of “whoring with immature girls” was included in the scope of rape and not regarded as a separate and less serious offense anymore, thus providing further protection for personal rights of young girls. The past 70 years have witnessed a constantly improved legal system for the protection of women rights and interests in China. Built on the Constitution and with the Law of the People’s Republic of China on the Protection of Rights and Interests of Women at the core, this system now covers over 100 separate laws and regulations.

　　保障妇女权益的法律实践深入推进。建立保障妇女权益的跨部门合作机制，严厉查处打击强奸、拐卖、家庭暴力等侵害妇女权益的各种违法犯罪行为。自1997年起，全国人大常委会多次开展专题执法检查，推动妇女权益保障法的有效落实。各地法院普遍设立妇女维权法庭(合议庭)，在审理涉及妇女权益的案件中贯彻男女平等原则，依法保护妇女合法权益，努力让妇女群众在司法案件中感受到公平正义。党的十八大以来，全面依法治国各领域广泛践行性别平等和性别公正理念。推行家事审判方式和机制改革，确立人性化审判理念，强化妇女权益的司法保障。在推进网络安全立法、加强备案审查、行政执法、刑事执行、公共法律服务等方面，不断扩大妇女权益的保障范围。逐步完善法律援助和司法救助制度，2018年获得法律援助的妇女达36.1万人次。

　　Legal practices for the protection of women’s rights and interests have been significantly promoted. With a mechanism for cooperation between different women’s rights protection agencies in place, various crimes and offenses against women, including rape, abduction, trafficking and domestic violence, are investigated and punished severely. Starting in 1997, the Standing Committee of the NPC has instituted a number of specific law enforcement inspections in order to facilitate effective implementation of the Law of the People’s Republic of China on the Protection of Rights and Interests of Women. Tribunals for safeguarding women’s rights (collegiate panels) are generally set up in local courts in order to adhere to the gender equality principle when handling cases involving women rights, protect the legal rights of women and ensure proper administration of justice. Since the 18th CPC National Congress, the concepts of gender equality and fairness have been comprehensively practiced in all domains of national governance. Family trial rules and mechanisms have been reformed to fully respect humanity and provide further judicial assurance for women rights. The scope of assurance of women rights is continuously expanding in terms of cyber security legislation, reinforced registration inspection, administrative law enforcement, criminal execution, and public law service. In addition, legal aid and judicial aid systems are being gradually improved. In 2018, a total of 361,000 women obtained legal aid.

　　保障妇女权益的法治宣传深入普及。将保障妇女权益的法律知识、法治精神、法治文化纳入全民普法规划。从1986年开始实施的“一五”普法规划到2016年实施的“七五”普法，始终把提升妇女法治意识和法治素养，提升妇女参与法治实践能力作为重要任务，坚持妇女普法宣传与弘扬社会主义核心价值观相结合，坚持普法宣传与依法维护妇女权益相结合，坚持经常性普法与每年“三八”国际妇女节等重点普法相结合，坚持运用传统媒体普法与新兴媒体普法相结合，坚持普法宣传与激发妇女主体活力相结合。深入开展法治宣传进机关、进乡村、进社区、进学校、进企业、进单位主题活动，推动以男女平等为核心的法治文化入脑入心、见行见效。加强面向各级领导干部的法治宣传，推动党政领导干部在决策管理和公共服务中坚持男女平等原则，在法律政策制定和实施中体现妇女利益需求。加强面向法律工作者的法治宣传，促进严格执法、公正司法，推进法律法规实施中的男女平等。加强面向妇女群众的法治宣传，将法律知识和法律服务送到妇女群众身边，引导妇女尊法学法守法用法。加强面向家庭的法治宣传，引导家庭成员崇德守法，树立男女平等、尊老爱幼的文明风尚。

　　The awareness of women rights protection by means of legal governance is increasing. Knowledge of law, and the spirit and culture of legal governance related to women rights protection have been included in public legal education plans. From the “first five-year” public legal education plan initiated in 1986 to the “seventh five-year” public legal education plan launched in 2016, boosting the legal governance awareness and knowledge among women and enhancing their abilities to engage in legal governance practice have remained as key tasks. The tasks of public legal education among women have also been combined with the efforts in promoting core socialist values and maintaining women rights. The current activities of public legal education are a mix of regular education programs and specific ones like those carried out annually on the International Women’s Day on March 8. These activities make use of both traditional media and new media, and are designed in such a way to stimulate women’s enthusiasm. With a great number of themed education events at institutions, villages, communities, schools, enterprises, and departments, the legal governance ideas built around gender equality have proven quite persuasive and effective. There are also legal governance publicity programs for leaders and cadres on different levels, all intended to cultivate an atmosphere that gives due respect to gender equality in their decision-making and public service and enables full consideration of women’s rights and needs in the course of law and policy formulation and implementation. The enhancement of publicity of legal governance among legal enforcement personnel is conducive to strict law enforcement, fair administration of justice, and assurance of gender equality in implementation of laws and regulations. Publicity of legal governance among women brings them more legal knowledge and services, naturally guiding them to learn, use, and abide by laws. Publicity of legal governance for families helps family members accept and cherish legal provisions concerning gender equality as well as great morals of respecting the aged and taking good care of children.

　　法规政策性别平等评估机制创新建立。依据《中华人民共和国立法法》备案审查制度和程序规定，创建源头保障妇女权益、促进男女平等发展新机制。2012-2018年，全国30个省(区、市)建立了法规政策性别平等评估机制，将男女平等价值理念引入法规政策的制定、实施和监督各环节，加强政策法规制定前研判、决策中贯彻、实施后评估的制度化建设，进一步体现了新时代妇女群众的意志和期盼，进一步丰富了新时代科学立法和民主立法的生动实践。

　　The establishment of a new mechanism for evaluating gender equality implications in laws and regulations: According to Legislation Law of the People’s Republic of China, a new mechanism for protecting women rights and achieving gender equality should be created. From 2012 to 2018, an evaluation system was set up in 30 provinces (autonomous regions, municipalities) for evaluation of gender equality implications in laws and regulations. The concept of gender equality has been introduced into drafting, implementation and supervision of laws and policies. As a result, a complete system has been formed, covering preliminary study before establishment, decision implementation, and post-implementation evaluation. This system better represents the will and expectation of women in the new era, and also leads to broader practices of scientific legislation and democratic legislation.

　　妇女和妇女组织在法治建设中的作用日益彰显。参与立法决策的女性比例不断提高，在国家民主法治建设中的影响力显著增强。妇女参加政府机构决策管理的人数不断增加，目前中央机关及其直属机构新录用公务员中的女性比例超过一半，地方新录用公务员女性占比四成以上，成为法治中国建设的重要力量。特别是司法机关女性比例显著提升，2017年，女检察官占检察官总数的32.6%，比改革开放初期的1982年提高23.6个百分点;女法官占法官总数的32.7%，比1982年提高21.7个百分点。妇联组织认真履行法定职责，通过参与人大常委会和专委会、向人大会议和政协会议提交议案建议提案等方式，代表妇女群众参与法律政策的制定，监督法律政策的实施。近5年，妇联组织推动并参与反家庭暴力法、“全面两孩”配套措施等法律政策的制定修订，对80余件国家法律政策及3000多件地方法规政策建言献策。探索建立促进女性公平就业约谈机制，预防和纠正就业中的性别歧视。定期发布维护妇女合法权益优秀案例，引导全社会形成尊重关爱妇女的良好氛围。以“建设法治中国·巾帼在行动”为主题开展普法宣传，为妇女群众提供法律咨询和服务。妇女群众的法治意识日益增强，在民法总则等法律法规公开征求意见中，积极表达利益诉求、提出意见建议，为法治中国建设献计献策。

　　Women and women’s organizations are playing an increasingly prominent role in the developing of legal governance, as witnessed by the ever-growing proportion of females participating in legislation decision procedures and the greater impact of women on building legal governance. The number of females engaged in decision-making in government institutions is also climbing. Currently, of the new civil servants recruited by central government organs and their direct affiliates, women account for more than a half, and this proportion is higher than 40% in local government organs. Women have become a very important force in the construction of China’s legal governance. In particular, women working in judicial bodies have increased dramatically, constituting 32.6% of total court prosecutors in 2017, up 23.6 percentage points over 1982 shortly after China’s reform and opening up drive was launched. Of all judges in 2017, 32.7% were female, 21.7 percentage points higher than the level in 1982. Women’s federations perform their legal duties strictly. They participate in and supervise drafting and implementing laws and policies on behalf of the women by attending the Standing Committee and special committees of the National People’s Congress, and by submitting motions, proposals and suggestions to the respective sessions of the NPC and the CPPCC. In the past five years, women’s federations have been active in materialization, enactment, and revision of relevant laws and policies including Anti-domestic Violence Law of the People’s Republic of China and measures in support of the Second Child Policy. They raised recommendations on more than 80 national laws and policies as well as over 3000 local regulations and policies. There are also ongoing efforts made by these organizations in creation of a fair women employment interview mechanism and prevention and elimination of gender-based prejudice in employment. In addition, excellent cases of protection of women’s legal rights are published regularly to help create a favorable atmosphere for the public to respect and care for women. A public legal education program titled “building a legal governance system in China – women are making their contributions” was launched to provide legal advices and services for women. The legal governance awareness among women has kept increasing. During solicitation of opinions on laws and regulations like General Provisions of Civil Law, there have been active responses from women. The ideas and suggestions they offered have contributed greatly to the construction of the legal governance system in China.