The Supreme People’s Procuratorate issued the Notice on Implementing the Newly Revised Law on the Protection of Women’s Rights and Interests in People’s Republic of China (PRC) to Effectively Protect
Cctv newsAccording to the website of the Supreme People’s Procuratorate, on the eve of International Women’s Day on March 8, the Supreme People’s Procuratorate issued the Notice on Implementing the Newly Revised Law on the Protection of Women’s Rights and Interests in People’s Republic of China (PRC) (hereinafter referred to as the Notice), which clearly stipulated that procuratorial organs should support prosecution, administrative prosecution, public interest litigation prosecution, crime punishment, judicial assistance, and source management, and put forward specific requirements for procuratorial organs to comprehensively protect women’s rights and interests.
The Law on the Protection of Women’s Rights and Interests in People’s Republic of China (PRC) was revised and adopted at the 37th meeting of the 13th the NPC Standing Committee, and came into force on January 1st this year. The Notice pointed out that the newly revised Law on the Protection of Women’s Rights and Interests is an important legislative measure to comprehensively implement the supreme leader’s rule of law and the decision-making arrangements of the CPC Central Committee, a special legal norm for the protection of women in China, and an important part of the national human rights protection system. Procuratorial organs at all levels should adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the New Era, conscientiously study and implement the spirit of the 20th Party Congress, thoroughly implement the Supreme Leader’s thought on the rule of law, and fully understand the significance of the law on the protection of women’s rights and interests in promoting gender equality and women’s all-round development, giving full play to women’s role in building a socialist modern country in an all-round way, and promoting socialist core values.
The Notice clarifies that procuratorial organs at all levels should fully implement the relevant provisions of the Law on the Protection of Women’s Rights and Interests, further increase their support for prosecution, strengthen supervision over administrative litigation and administrative non-litigation cases involving women’s legitimate rights and interests, fully perform the procuratorial function of public interest litigation, severely punish crimes that infringe on women’s life and health, personal freedom and personal dignity according to law, carry out in-depth judicial assistance to women involved, deeply analyze the deep-seated reasons for infringement of women’s rights and interests in combination with judicial handling, and promote the governance of litigation sources.
The "Notice" requires that procuratorial organs at all levels should combine procuratorial functions and formulate effective measures to ensure the implementation of relevant requirements. Strengthen the connection and cooperation between the "four major procuratorates" and "ten major businesses", strengthen the linkage and cooperation with other relevant organs and organizations, and make concerted efforts to jointly promote the implementation of the working mechanism of protecting women’s rights and interests led by the government, coordinated by all parties and social participation.
Notice on Implementing the Newly Revised Law on the Protection of Women’s Rights and Interests in People’s Republic of China (PRC) to Effectively Protect Women’s Rights and Interests
People’s procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates of the People’s Liberation Army, and people’s procuratorates of Xinjiang Production and Construction Corps:
The Law of People’s Republic of China (PRC) on the Protection of Women’s Rights and Interests (hereinafter referred to as the Law on the Protection of Women’s Rights and Interests) has been revised and adopted at the 37th session of the 13th the NPC Standing Committee, and will come into force on January 1, 2023. In order to fully perform the procuratorial function, comprehensively strengthen the judicial protection of women’s rights and interests, and maintain the unified and correct implementation of the law, the relevant requirements are hereby notified as follows.
First, fully understand the significance of implementing the newly revised Law on the Protection of Women’s Rights and Interests.
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with the Supreme Leader as the core has made a series of important arrangements for safeguarding women’s legitimate rights and interests and promoting women’s all-round development from the overall development of the cause of the party and the country. The 20th National Congress of the Communist Party of China emphasized that "we should adhere to the basic national policy of equality between men and women and protect the legitimate rights and interests of women and children". The newly revised Law on the Protection of Women’s Rights and Interests is an important legislative measure to fully implement the supreme leader’s thought of rule of law and the decision-making arrangements of the CPC Central Committee. It is a special legal norm for the protection of women in China and an important part of the national human rights protection system.
Procuratorial organs at all levels should adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, conscientiously study and implement the spirit of the 20th Party Congress, thoroughly implement the Supreme Leader’s thought on the rule of law, fully understand the significance of the Law on the Protection of Women’s Rights and Interests in promoting gender equality and women’s all-round development, giving full play to women’s role in building a socialist modern country in an all-round way, and promoting socialist core values, enhance their sense of mission and responsibility, perform their duties actively according to law, and earnestly do a good job in strengthening the protection of women’s rights and interests in the new era.
II. Fully implement the relevant provisions of the Law on the Protection of Women’s Rights and Interests.
The newly revised Law on the Protection of Women’s Rights and Interests clearly defines the responsibilities of procuratorial organs and puts forward new and higher requirements. Procuratorial organs at all levels should fully grasp and perform their duties, and do a good job in supporting prosecution, administrative prosecution, public interest litigation prosecution, punishing crimes, judicial assistance, and source management according to law.
(1) Increase support for prosecution.
The Law on the Protection of Women’s Rights and Interests has added a system of supporting prosecution. Procuratorial organs at all levels should base themselves on the function of legal supervision, follow the requirements of the procuratorial organs’ guidelines on civil support for prosecution, and provide assistance for the prosecution of infringed women by providing legal advice, assisting in collecting evidence, offering opinions on supporting prosecution, and coordinating the provision of legal aid according to law, so as to improve the quality and effectiveness of civil support for prosecution.
(2) Strengthening administrative procuratorial supervision.
Procuratorial organs at all levels should focus on safeguarding women’s labor and social security rights, property rights, personal rights, marriage and family rights and other fields according to law, and increase supervision over administrative litigation and administrative non-litigation enforcement cases involving women’s legitimate rights and interests. In performing their duties, if it is found that the administrative organ illegally exercises its functions and powers or fails to exercise its functions and powers and infringes on the legitimate rights and interests of women, it shall take procuratorial suggestions and other means to urge the administrative organ to perform its duties according to law.
(3) Fully performing the procuratorial function of public interest litigation.
The Law on the Protection of Women’s Rights and Interests has added a clause on procuratorial public interest litigation in the field of women’s rights and interests protection, listing the specific situation of supervision for the first time. Procuratorial organs at all levels should fully understand the legal provisions, accurately grasp the filing standards, refer to the typical cases released by the Supreme People’s Procuratorate and the All-China Women’s Federation in November 2022, and standardize and strengthen precise supervision and special protection according to law. Focus on the situation clearly authorized by law, and urge the administrative organs with regulatory responsibilities to perform their duties according to law by means of pre-litigation consultation, pre-litigation procuratorial suggestions, and administrative public interest litigation; If it is really necessary, a civil public interest lawsuit may be brought against the subject of civil violation according to law.
(four) severely punish crimes against women’s rights and interests according to law.
The Law on the Protection of Women’s Rights and Interests clearly defines the protection of women’s personal and personality rights and interests. It is necessary to combine the procuratorial function and severely punish crimes that violate women’s life and health, personal freedom and personal dignity according to law. Resolutely implement the decision-making arrangements of the CPC Central Committee on cracking down on the crime of abducting and selling women and children, severely punish the crime of abducting and selling women and children according to law, and severely punish the crimes of rape, intentional injury, illegal detention, insult and abuse after buying them; Severely punish crimes of sexual assault such as rape, compulsory indecency and insult according to law, and severely punish crimes of sexual assault on minors according to law; Properly handle crimes such as abuse, intentional injury and intentional homicide involving domestic violence or marriage factors according to law; Actively adapt to the new requirements of the new era for the protection of women’s reputation, privacy, personal information and other personality rights, and accurately judge the seriousness of the plot and the severity of social impact for those who insult and slander women by using information networks. Those who meet the second paragraph of Article 246 of the Criminal Law "seriously endanger social order and national interests" can be prosecuted according to public prosecution procedures.
(five) to carry out in-depth judicial assistance to women involved.
The Law on the Protection of Women’s Rights and Interests stipulates the remedies when women’s legitimate rights and interests, including judicial assistance, are infringed. Procuratorial organs at all levels should actively provide assistance to women who are trapped by the case in the process of handling the case, and ensure that qualified women can get judicial assistance in time; For women who have suffered particularly heavy losses due to illegal infringement and have particularly difficult family life, the procuratorates at higher and lower levels can jointly carry out judicial assistance; If the rescued woman raises minor children, judicial assistance shall be carried out together; Increase the judicial assistance to underage women who have been victimized by crimes; Promote and improve the linkage mechanism between judicial assistance and social assistance.
(6) Strengthening the comprehensive management of the protection of women’s rights and interests.
Procuratorial organs at all levels should deeply analyze the deep-seated reasons for infringing on women’s rights and interests in combination with judicial cases, and promote the governance of the source of complaints. Comprehensive use of mediation, substantive resolution of administrative disputes, criminal reconciliation, public hearing and other systems and procedures to properly resolve contradictions and promote social stability; Adhere to the combination of case handling and case-like supervision, pay equal attention to punishment and governance, and integrate front-end and preventive treatment into procuratorial duties; We will fully implement the responsibility system of "whoever enforces the law will popularize the law", strive to enhance women’s awareness of the rule of law and their ability to safeguard rights through various forms of publicity on the rule of law, and actively create a good atmosphere in which the whole society respects and cares for women.
Iii. Relevant work requirements
(1) Attach great importance to and strengthen organizational leadership. Procuratorial organs at all levels should attach great importance to the protection of women’s rights and interests, conscientiously implement the Law on the Protection of Women’s Rights and Interests, and formulate effective measures in combination with procuratorial functions to ensure the implementation of relevant requirements.
(2) Strengthen cooperation and give full play to joint efforts. Procuratorial organs at all levels should strengthen the connection and cooperation between the "four major procuratorates" and "ten major businesses", strengthen the linkage and cooperation with other relevant organs and organizations, and make concerted efforts to jointly promote the implementation of the working mechanism of protecting women’s rights and interests led by the government, coordinated by all parties and participated by the society.
(3) Pay attention to collection and summary and report the situation in a timely manner. Procuratorial organs at all levels should pay attention to collecting and summarizing typical cases, experiences and practices related to the protection of women’s rights and interests in procuratorial work, as well as legal and policy issues encountered in their work, and report to the Supreme People’s Procuratorate in time.
the Supreme People’s Procuratorate
March 3, 2023