Law of the People's Republic of China on the Protection of Rights and Interests of Women
(Adopted at the 5th Meeting of the Seventh National People's Congress on April 3, 1992, amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Rights and Interests of Women adopted at the 17th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2005, amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on the Protection of Wild Animals and Other Fourteen Laws adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018, and revised at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)
Table of Contents
Chapter I General Provisions
Chapter II Political Rights
Chapter III Rights and Interests Relating to Person and Personality
Chapter IV Rights and Interests Relating to Culture and Education
Chapter V Rights and Interests Relating to Labor and Social Security
Chapter VI Rights and Interests Relating to Property
Chapter VII Rights and Interests Relating to Marriage and Family
Chapter VIII Remedial Measures
Chapter IX Legal Responsibilities
Chapter X Supplementary Provision
Chapter I General Provisions
Article 1 In accordance with the Constitution of the People’s Republic of China, this Law is formulated to protect women’s legitimate rights and interests, promote the equality between men and women and the all-round development of women, allow full play to women’s role in building a modern socialist country in all respects, and carry forward the core socialist values.
Article 2 It is a basic national policy to realize equality between men and women. Women enjoy equal rights with men in all aspects of political, economic, cultural, social, and family life.
The state shall take necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit the exclusion of women from enjoyment and exercise of rights and interests and the placement of restrictions on such in accordance with the law.
The state protects the special rights and interests enjoyed by women under the law.
Article 3 The work of women’s rights and interests protection shall be carried out under the leadership of the Communist Party of China, and a working mechanism for the protection of women’s rights and interests shall be established featuring government guidance, coordination of all sides, and societal participation.
The people’s governments at all levels shall attach importance to and strengthen the protection of women’s rights and interests.
The authorities in charge of the work related to women and children under the people’s governments at or above the county level shall organize, coordinate, guide, supervise and urge relevant departments to guarantee the protection of women’s rights and interests.
The relevant departments of the people’s governments at or above the county level shall guarantee the protection of women’s rights and interests within their respective scope of responsibilities.
Article 4 The protection of women’s legitimate rights and interests is a shared responsibility of the entire society. State organs, social organizations, enterprises and public institutions, primary-level people’s organizations for self-governance as well as other organizations and individuals shall protect women's rights and interests in accordance with the law.
The state shall take effective measures to provide necessary conditions for women to exercise their rights in accordance with the law.
Article 5 The State Council shall draft and organize the implementation of the Outline for Women's Development in China, and incorporate it into the plan for national economic and social development to guarantee and promote the all-round development of women in all fields.
Based on the Outline for Women's Development in China, the local people’s governments at or above the county level shall draft and organize their own plans for women’s development within their own administrative areas and incorporate them into the plan for national economic and social development.
The people’s governments at or above the county level shall include the funds required for the protection of women’s rights and interests into the same-level budgets.
Article 6 The All-China Women’s Federation and the local women’s federations at all levels shall, in accordance with the law and the Constitution of the All-China Women’s Federation, represent and uphold the interests of women across all ethnic groups and sectors, and strive for the protection of women’s rights and interests, the promotion of equality between men and women, and the all-round development of women.
Labor unions, the Communist Youth League organizations, the disabled persons’ federations, and other people’s organizations shall protect the rights and interests of women within their respective scope of responsibilities.
Article 7 The state shall encourage women to foster self-esteem, self-confidence, self-reliance, and self-improvement, and employ law to protect their legitimate rights and interests.
Women shall abide by the laws of the state, respect social morality, professional ethics and family virtues, and perform their obligations as prescribed by law.
Article 8 When the relevant authorities formulate, amend or revise laws, regulations, rules and other regulatory documents concerning women’s rights and interests, they shall listen to the opinions of women’s federations, fully consider the special rights and interests of women, and carry out an assessment of gender equality if necessary.
Article 9 The state shall establish and improve the statistical survey system for women’s development, refine the statistical gender monitoring indicator system, carry out regular statistical surveys and analyses of women’s development and protection of their rights and interests, and release relevant information.
Article 10 The state shall incorporate the basic national policy of gender equality into the national education system, launch publicity and education campaigns to enhance public awareness of equality between men and women and foster a social climate that respects and cares for women.
Article 11 The state shall commend and award organizations and individuals that have made remarkable achievements in the protection of women’s legitimate rights and interests in accordance with relevant regulations.
Chapter II Political Rights
Article 12 The state shall guarantee that women enjoy equal political rights with men.
Article 13 Women have the right to participate in the administration of state affairs, economic and cultural affairs, and social affairs through various channels and in all manners in accordance with the law.
Women and women’s organizations shall have the right to put forward opinions and suggestions on the protection of women’s rights and interests to state organs at all levels.
Article 14 Women enjoy equal rights with men to vote and to stand for election.
There shall be an appropriate number of women deputies to the National People’s Congress and to the local people’s congresses at all levels. The state shall adopt measures to gradually increase the proportion of women deputies to the National People’s Congress and to the local people’s congresses at all levels.
There shall be an appropriate number of women among members of residents’ committees and villagers’ committees.
Article 15 The state shall play an active part in cultivating and selecting female officials, and attach importance to the cultivation and selection of female officials from ethnic minorities.
In the cultivation, selection and appointment of officials, state organs, people’s organizations, enterprises and public institutions shall follow the principle of gender equality and include an appropriate number of women in leadership positions.
The women’s federations and their members may recommend female officials to state organs, people’s organizations, enterprises and public institutions.
The state shall take measures to support the growth of female talents.
Article 16 The women’s federation shall, on behalf of women, actively participate in the democratic consultation, decision-making, management and oversight of state affairs and social affairs.
Article 17 The relevant departments shall listen to and accept criticism or reasonable and feasible suggestions in relation to the protection of women’s rights and interests. For complaints against or accusations and exposure of infringement upon women’s rights and interests, relevant departments shall ascertain the facts and be responsible for their handling. No organization or individual may suppress such complaints, accusations and exposures or retaliate against anyone who brought such complaints, accusations and exposures.
Chapter III Rights and Interests Relating to Person and Personality
Article 18 The state shall guarantee that women enjoy equal personal and personality rights and interests with men.
Article 19 Women’s personal liberty is inviolable. Unlawful detention of women and deprivation or restriction of their personal liberty by other illegal means shall be prohibited. Unlawful searches of women’s bodies are prohibited.
Article 20 Women’s personal dignity is inviolable. It is prohibited to undermine women’s personal dignity by insult, defamation or otherwise.
Article 21 Women’s rights to life, body, and health is inviolable. Abuse, abandonment, persecution, trafficking of women and other acts infringing upon women’s rights and interests in life and health are prohibited.
Fetal sex identification for non-medical needs and sex-selective termination of pregnancy are prohibited.
Medical institutions shall obtain the consent of the women when performing fertility operations, special examinations or special treatments on them. In the event of a disagreement between a woman and her family or related persons, the woman’s own will shall be respected.
Article 22 Trafficking in and abduction of women are prohibited. The purchase of trafficked in or abducted women is prohibited. Obstructing the rescue of trafficked in or abducted women is prohibited.
The people’s governments at all levels, departments such as public security, civil affairs, human resources and social security, health, as well as villagers’ committees and residents’ committees shall, according to their respective responsibilities, timely make a report on abducted or trafficked in women after discovery thereof, take measures to perform rescue, and ensure proper settlement of, assistance to and care for such rescued women. Women’s federations shall assist and cooperate with the relevant efforts. No organization or individual may discriminate against abducted or trafficked in women.
Article 23 Sexual harassment against women by means of words, texts, images, physical acts or otherwise against their will is prohibited.
The victimized women may lodge complaints with relevant organizations and state organs. The relevant organizations and state organs that have received such complaints shall deal with them promptly and inform the women of the results in writing.
The victimized women may report to the public security organ or file a civil lawsuit with a people’s court to request the perpetrator to bear civil liability in accordance with the law.
Article 24 Schools shall provide physiological hygiene, mental health and self-protection education in accordance with the age of female students, take measures in education, administration, facilities and other aspects, improve female students’ awareness and ability of self-protection against sexual assault and harassment, and thus ensure their personal safety and physical and mental development.
Schools shall establish a working system for efficiently preventing and properly dealing with sexual assault and harassment. Schools shall not conceal any criminal or other illegal act of sexual assault and harassment against female students, and shall notify the parents or other guardians of the victimized minor female students in a timely manner, report to public security organs and educational administration departments, and cooperate with relevant departments in handling the cases in accordance with the law.
Schools, public security organs, educational administration departments, and other relevant entities and staff shall protect the privacy and personal information of female students who have been sexually assaulted or harassed, and provide necessary protective measures for them.
Article 25 An employer shall take the following measures to prevent and stop sexual harassment against women:
(1) formulating rules and regulations against sexual harassment;
(2) specifying the department or person in charge thereof;
(3) conducting education and training activities to prevent and stop sexual harassment;
(4) taking necessary security measures;
(5) setting up unimpeded complaint channels such as complaint hotlines, mailboxes;
(6) establishing and improving investigation and case handling procedures, resolving disputes in a timely manner, and protecting the privacy and personal information of the parties concerned;
(7) supporting and assisting the victimized women in safeguarding their rights in accordance with the law and providing psychological counseling for them if necessary;
(8) other reasonable measures to prevent and stop sexual harassment.
Article 26 Accommodation operators shall timely and accurately register the customer information, improve the rules and systems for accommodation services, and strengthen the security measures; and report to public security organs in a timely manner if any criminal or other illegal act that may infringe upon women’s rights and interests has been discovered.
Article 27 Prostitution and soliciting prostitution are prohibited. Organizing, forcing, luring, sheltering, or procuring women to engage in prostitution or acting indecently against women is prohibited. Organizing, forcing, luring, sheltering, or procuring women to engage in obscene performances at any place or online is prohibited.
Article 28 Women’s rights to name, portrait, reputation, honor, privacy and personal information among other personality rights and interests are protected by law.
Media coverage of incidents involving women shall be objective and appropriate and shall not infringe upon women’s personality rights and interests by exaggerating the facts, embellishing the truth or otherwise.
It is prohibited to demean women or injure their personality by public media or otherwise. Unless otherwise provided by law, no one may use the portraits of a woman in advertisements, trademarks, window display, newspapers, periodicals, books, audio-visual products, electronic publications, on the internet and in other forms without her consent.
Article 29 No one may importune or harass a woman, disclose or disseminate the privacy and personal information of the woman on the grounds of building a romantic relationship or friendship, or after termination of a romantic relationship or divorce.
Women who suffer from or face the real danger of the above-mentioned violations may apply to the people’s court for a personal safety protection order.
Article 30 The state shall establish and improve a healthcare system for women to ensure women’s access to basic medical and healthcare services, and provide prevention, screening, diagnosis and treatment of common diseases and diseases with a high incidence among women, so as to improve women’s health.
Necessary measures shall be taken by the state to popularize health knowledge, provide healthcare services, and prevent and treat diseases related to menstruation, pregnancy, confinement, lactation and menopause, satisfy the health needs of women during special physiological periods, and provide mental health services for women in need.
Article 31 The local people’s governments at or above the county level shall establish maternal and child healthcare institutions to provide healthcare and common disease prevention and treatment services for women.
The state shall encourage and support social sectors to participate in women’s healthcare cause and provide safe physiological health products or services by donating, funding, volunteering, or otherwise in accordance with the law to meet the diverse and differentiated health needs of women.
An employer shall regularly arrange check-ups for their female employees on gynecologic diseases, breast diseases, and other health check-ups specially needed by women.
Article 32 In accordance with the law, women have the right to bear children and the freedom not to bear children.
Article 33 The state shall implement a healthcare system covering premarital, pre-pregnancy, perinatal and postpartum periods, and gradually establish a systematic healthcare system for women throughout such periods. Medical and healthcare institutions shall provide safe and effective medical and healthcare services to ensure women’s reproductive safety and health.
The relevant departments shall provide safe and effective contraceptives and relative technologies to guarantee women’s health and safety.
Article 34 The people’s governments at all levels shall take into account the special needs of women in planning and building infrastructure facilities, and equip them with public facilities that meet women’s needs such as public toilets and baby care rooms.
Chapter IV Rights and Interests Relating to Culture and Education
Article 35 The state shall guarantee that women enjoy equal rights with men with respect to culture and education.
Article 36 Parents or other guardians shall perform their obligations to ensure that school-age girls receive and complete compulsory education.
For the parents or other guardians who fail to enroll school-age girls in a school without any justifiable reason, local people’s governments of towns and townships or educational administration departments under the people’s governments at the county level shall criticize and educate them, and order them to take corrective action within a prescribed time limit in accordance with the law. Residents’ committees and villagers’ committees shall assist the governments with the relevant work.
The people’s governments and schools shall take effective measures to resolve actual difficulties of the school-age girls in attending school and create conditions for them to complete compulsory education.
Article 37 Schools and the departments concerned shall implement relevant state regulations to ensure that women enjoy equal rights with men in aspects such as enrollment in schools, continuing higher-level education, obtaining academic degrees, participation in programs of sending students to study abroad, employment guidance and services.
When enrolling students, except for some particular majors specified by the state, no school may refuse to enroll female students or set a higher threshold for their admission on the grounds of gender.
The people’s governments at all levels shall take measures to guarantee that women enjoy equal rights and opportunities to receive secondary and higher education.
Article 38 The people’s governments at all levels shall, in accordance with relevant regulations, incorporate the work of eliminating illiteracy and semi-literacy among women into plans for illiteracy elimination and post-elimination continuing education, adopt organizational forms and working methods tailored to women’s characteristics, and organize and supervise relevant departments in the implementation thereof.
Article 39 The state shall improve a system of lifelong learning for all and create conditions for women’s lifelong learning.
The people’s governments at all levels and relevant departments shall take measures to organize women to receive vocational education and practical technical training according to the needs of women in urban and rural areas.
Article 40 State organs, social organizations, enterprises and public institutions shall implement relevant regulations of the state to guarantee that women enjoy equal rights with men in engaging in scientific, technological, literary, artistic and other cultural activities.
Chapter V Rights and Interests Relating to Labor and Social Security
Article 41 The state shall guarantee that women enjoy equal rights with men to work and social security.
Article 42 The people’s governments at all levels and relevant departments shall improve employment security policies and measures, prevent and correct gender discrimination in employment, create a fair employment and entrepreneurial environment for women, and provide necessary support and assistance to women in employment difficulty.
Article 43 An employer shall not conduct any of the following acts in the process of recruitment (hiring), unless otherwise provided by the state:
(1) recruiting males only or specifying preference for male applicants;
(2) in addition to the basic personal information, further inquiring or looking into the marital and childbearing status of female applicants;
(3) setting the pregnancy test as a part of the pre-employment physical examinations;
(4) determining recruitment (hiring) on marriage and childbearing restrictions, or marital and childbearing status;
(5) other acts of refusing to recruit (hire) women on the grounds of gender or setting a higher recruitment (hiring) threshold for women.
Article 44 When recruiting (hiring) female workers, the employer shall, in accordance with the law, sign a labor (employment) contract or service agreement with them, which shall include special clauses for the protection of female workers and shall not restrict female workers from entering into marriage, bearing children or otherwise.
The collective contract signed between an employee and an employer shall contain the content relating to gender equality and the protection of the rights and interests of female employees. A special chapter or annex may be formulated for the relevant content, or a special collective contract may be separately concluded for the protection of the rights and interests of female employees.
Article 45 Equal pay for equal work shall be applied to men and women. Women shall have equal rights with men to welfare benefits.
Article 46 In such aspects as promotion in rank or position, evaluation and granting of professional and technological titles and positions, as well as training, the principle of equality between men and women shall be upheld and discrimination against women shall not be allowed.
Article 47 An employer shall, in accordance with the law, protect women’s safety, health and the right to rest at work based on the characteristics of women.
Women shall be under special protection during menstrual period, pregnancy, confinement period and lactation period.
Article 48 An employer shall not, reduce female workers’ wages or welfare benefits, restrict their access to promotion in rank or position, or evaluation and granting of professional and technical titles and positions, dismiss them, or unilaterally terminate the labor (employment) contracts or service agreements with them, because they are married, pregnant, on maternity leave, in lactation period or otherwise.
Where the labor (employment) contract or service agreement expires when female employees are pregnant or on maternity leave in accordance with the law, the term of the labor (employment) contract or service agreement shall be automatically extended until the end of the maternity leave, unless the employer rescinds or terminates the labor (employment) contract or service agreement in accordance with the law, or female employees request to dissolve or terminate the labor (employment) contract or service agreement in accordance with the law.
No employer may discriminate against women on the grounds of gender when implementing the retirement system of the state.
Article 49 Human resources and social security departments shall include gender discrimination in the process of recruitment, employment, promotion in rank or position, evaluation and granting of professional and technical titles and positions, training, and dismissal into the scope of labor security supervision.
Article 50 The state shall develop the social security programs to ensure that women enjoy such rights and interests as social insurance, social relief, and social welfare.
The state shall promote and encourage public welfare activities aimed at helping women.
Article 51 The state shall implement a maternity insurance system, establish and improve other maternity-related security systems such as infant and child nursery services.
The state shall establish and improve a maternity leave system for employees to guarantee that female employees enjoy rights to rest and take leave during pregnancy and confinement period in accordance with the law.
The local people’s governments at all levels and the relevant departments shall, in accordance with relevant state regulations, provide maternity assistance necessary for women who are in need and meet relevant conditions.
Article 52 The people’s governments at all levels and the relevant departments shall take necessary measures to strengthen the protection of the rights and interests of poverty-stricken women, elderly women, disabled women, and other women in difficulty, and provide them with living assistance, employment and entrepreneurship support, and other care services in accordance with relevant regulations.
Article VI Rights and Interests Relating to Property
Article 53 The state shall guarantee that women enjoy equal rights with men to property.
Article 54 With respect to the community property owned by husband and wife or the common property of a family, the rights and interests enjoyed by women in accordance with the law may not be infringed upon.
Article 55 Women enjoy equal rights with men in aspects such as recognition of membership in rural collective economic organizations, land contracting, distribution of proceeds from collective economic organizations, compensation and replacement for expropriated land or compensation for requisitioned land, and the use of house sites.
In applications for the registration of immovable property rights such as the right to contractual management of rural land and the right to use house sites, all family members who enjoy the rights, including women, shall be enumerated in the register of immovable property and the right certificate. The compensation and replacement agreements for expropriated land or the compensation agreements for requisitioned land shall enumerate the women who enjoy relevant rights and interests and shall specify the content of their rights and interests.
Article 56 Villagers’ rules of self-governance, village regulations, the decisions of villagers’ assembly and villagers’ representative meetings, and other decisions concerning the interests of villagers shall not infringe upon women’s rights and interests in rural collective economic organizations on the grounds that such women are unmarried, married, divorced, widowed or without male members in their households.
If a man transfers his household registration to his wife’s domicile for the reason of marriage, the man and his children shall enjoy equal rights and interests with other members of the local rural collective economic organizations.
Article 57 Women’s rights and interests in the urban collective ownership of property are protected by the state. Women shall enjoy relevant rights and interests in accordance with laws and regulations.
Article 58 Women shall enjoy equal right of inheritance with men. Women shall not be discriminated against in exercising the right of inheritance in accordance with the law.
A widowed woman shall be entitled to dispose of her inherited property in accordance with the law; no organization or individual may interfere therewith.
Article 59 The widowed daughter-in-law who has fulfilled the primary duty of supporting her parents-in-law shall be regarded as the statutory successor first in order, and her rights of succession thereto shall not be affected by their children’s inheritance in subrogation.
Chapter VII Rights and Interests Relating to Marriage and Family
Article 60 The state shall guarantee that women enjoy equal rights in marriage and family with men.
Article 61 The state protects women’s autonomy in marriage. Any interference with women’s freedom of marriage or divorce is prohibited.
Article 62 The state shall encourage both men and women to take pre-marital medical examinations or relevant health checkups.
Article 63 Marriage registration authorities shall provide marriage and family consulting services to guide the parties to build a marital and familial relationship of equality, harmony, and civility.
Article 64 A man may not file for divorce during his wife’s pregnancy, or within one year after his wife’s childbirth, or within six months after termination of her pregnancy, except when the wife applies for a divorce or the people’s court deems it necessary to accept the man’s request for divorce.
Article 65 Domestic violence against women is prohibited.
The relevant departments of the people’s governments at or above the county level, judicial organs, social groups, enterprises and public institutions, primary-level people’s organizations for self-governance, and other organizations shall prevent and stop domestic violence within the scope of their responsibilities, and aid the victimized women in accordance with the law.
Article 66 A woman shall enjoy equal rights with her spouse to possess, use, benefit from, and dispose of community property regardless of the income status of either party.
Where immovable property is jointly owned by husband and wife, or movable property may be jointly registered in both the husband and wife’s names, the woman shall be entitled to request that her name be stated on the corresponding ownership certificate; if the woman observes that errors have been made in recorded items such as the right holder, the object and the proportion of rights, she shall have the right to apply for rectification or registration of a demurrer in accordance with the law, and the relevant authorities shall follow the corresponding registration procedures on her application.
Article 67 During divorce proceedings, where either spouse applies for inquiring into the information of property registered under the other spouse’s name but cannot collect the information thereof on his or her own for objective reasons, the people’s court shall investigate and collect evidence, and relevant departments and entities shall provide assistance.
During divorce proceedings, both spouses shall have the obligation to disclose all community property to the people’s court. Where one spouse conceals, transfers, sells off, destroys or damages, or squanders the community property, or forges community debts in an attempt to encroach upon the property of the other spouse, he or she may receive less or no share of the property upon the division of the community property in the divorce.
Article 68 Both spouses shall jointly perform family obligations and attend to their family life.
If the wife is burdened with more duties due to raising children, looking after the elderly, or assisting her husband in his work, she has the right to request compensation upon divorce from the husband. The arrangements for making such compensation shall be determined by the spouses by agreement; or either party may file a lawsuit with the people’s court if no such an agreement can be reached.
Article 69 Upon divorce, the division of the real property jointly owned by spouses or the disposition of the real property jointly rented by them shall be determined by agreement; or either party may file a lawsuit with the people’s court if no such agreement can be reached.
Article 70 Both parents shall have equal custody of their minor child (children).
If the father is deceased, incompetent to be the guardian or otherwise unable to be the guardian of a minor child (children), no organization or individual shall interfere with the mother’s custody of the child (children).
Article 71 When deciding custody of the child (children) in a divorce, if the wife loses the ability to bear any more children, priority shall be given to her request for the custody on the condition of acting in the best interests of the minor child (children).
Chapter VIII Remedial Measures
Article 72 Any organization and individual has the right to dissuade, stop, or file a complaint or report to relevant departments of acts infringing upon the legitimate rights and interests of women. After receiving such complaint or report, the relevant departments shall handle it in a timely manner in accordance with the law and keep the person who files the complaint or report confidential.
Where a woman’s legitimate rights and interests are infringed upon, she has the right to require the relevant department to handle the matter in accordance with the law, or apply for mediation or arbitration, or bring a lawsuit to a people’s court.
Local legal aid institutions or judicial organs shall help the women who meet relevant conditions, and provide them with legal aid or judicial aid in accordance with the law.
Article 73 Where a woman’s legitimate rights and interests are infringed upon, she may seek aid from women’s federations and other women’s organizations. The women’s federations and other women’s organizations shall safeguard the legitimate rights and interests of such victimized women, and have the right to request and assist relevant departments or entities to investigate and address the matter. The relevant departments or entities shall investigate and address the matter in accordance with the law and give their reply. If the case is not addressed or mishandled, the authorities in charge of the work related to women and children under the people’s governments at or above the county level and women’s federations may put forward opinions to supervise their handling, and if necessary, request the people’s government at the same level to conduct a supervisory inspection.
Women’s federations shall provide support and assistance to the victimized women who need assistance in litigation.
Article 74 Where an employer infringes upon women’s rights and interests in labor and social security, human resources and social security departments may, together with labor unions and women’s federations, have regulatory talks with the employer, supervise the employer in accordance with the law, and require the employer to take corrective action within a prescribed time limit.
Article 75 Where a woman’s rights and interests in aspects such as recognition of membership in a rural collective economic organization are infringed upon, she may apply to the people’s government of the town or township for coordination, or file a lawsuit in a people’s court.
The people’s governments of towns or townships shall provide guidance on villagers’ rules of self-governance, village regulations, the decisions of villagers’ assembly and villagers’ representative meetings, and other decisions concerning the interests of villagers, and order correction of the contents thereof which are contrary to laws, regulations, and state policies and have infringed upon the legitimate rights and interests of women. Where an aggrieved woman petitions an arbitral institution for arbitration of rural land contracting or brings a lawsuit to a people’s court, the arbitral institution or the people’s court shall accept the case in accordance with the law.
Article 76 The people’s governments at or above the county level shall set up a unified national service hotline for the protection of women’s rights and interests, and accept and transfer complaints and reports against the infringement upon women’s legitimate rights and interests in a timely manner; relevant departments or entities shall handle promptly such complaints and reports after receiving them.
The state shall encourage people’s organizations, enterprises and public institutions, social organizations, and individuals to participate in the establishment of service hotlines for the protection of women’s rights and interests, and to provide consultations and assistance with respect to the protection of women’s rights and interests.
Article 77 Where the infringement upon the legitimate rights and interests of women results in damage to the public interest, the procuratorial organs may issue a procuratorial suggestion; under any of the following circumstances, the procuratorial organs may file a public interest lawsuit in accordance with the law:
(1) when recognizing rural women’s membership in a rural collective economic organization, infringing upon women’s rights and interests, or infringing upon women’s rights and interests in rural land contracting and collective income, distribution of compensation for land expropriation and requisition, and the use of house sites;
(2) infringing upon women’s rights and interests in equal employment;
(3) relevant employers fail to take reasonable measures to prevent and stop sexual harassment;
(4) demeaning women and injuring their personal dignity through public media or other means;
(5) other circumstances where women’s rights and interests are seriously infringed upon.
Article 78 State organs, social organizations, enterprises and public institutions may support aggrieved women in filing lawsuits with people’s courts against acts infringing upon women’s rights and interests.
Chapter IX Legal Responsibilities
Article 79 In case of failure to perform the reporting obligations, in violation of the second paragraph of Article 22 of this Law, the directly responsible persons in charge and other persons directly responsible for it shall be subject to sanctions in accordance with the law.
Article 80 Whoever, in violation of the provisions of this Law, sexually harasses women, shall be reprimanded, educated, or given a written monitory letter by the public security organ, and the organizations which such violators belong to shall impose sanctions on them in accordance with the law.
Where schools or other employers, in violation of the provisions of this Law, fail to take necessary measures to prevent and stop sexual harassment, resulting in infringement upon women’s rights and interests or causing adverse social impact, the authorities at a higher level or competent departments shall order them to make rectification. For those who refuse to make rectification or the circumstances in whose case are of a serious nature, the directly responsible persons in charge and other persons directly responsible shall be subject to sanctions in accordance with the law.
Article 81 Whoever, in violation of the provisions of Article 26 of this Law, fails to perform obligations such as reporting shall be given a warning, ordered to suspend business for rectification, or have its business license or relevant permits revoked, and concurrently be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 82 Departments such as public security, cyberspace administration, culture and tourism, radio and television administration, press and publication administration shall, in accordance with their respective mandates, order those who, in violation of the provisions of this Law, demean women and damage their personality through the media or other means, to make rectification and impose administrative penalties on them in accordance with the law.
Article 83 Where an employer violates Articles 43 or 48 of this Law, the human resources and social security departments shall order it to make rectification. For those who refuse to make rectification or the circumstances in whose case are of a serious nature, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
Article 84 Those who, in violation of the provisions of this Law, evade, delay, or suppress the investigation and handling of the complaint against, accusation of or report on infringement upon women’s rights and interests, or retaliate against the person who has filed such complaint, accusation, or report, shall be ordered to make rectification in accordance with the law, and the directly responsible persons in charge and other persons directly responsible shall be subject to sanctions.
Where state organs and their functionaries fail to perform their duties, fail to stop in time the infringement upon the rights and interests of a woman or fail to give necessary help to the victimized woman, resulting in serious consequences, the directly responsible persons in charge and other persons directly responsible shall be subject to sanctions in accordance with the law.
Entities which, in violation of the provisions of this Law, infringe upon women’s rights and interests relating to person and personality, culture and education, labor and social security, property, marriage and family, shall be ordered to make rectification in accordance with the law. If the directly responsible persons in charge and other persons directly responsible are state functionaries, they shall be subject to sanctions in accordance with the law.
Article 85 For those who infringe upon women’s legitimate rights and interests, in violation of the provisions of this Law, if other laws and regulations provide for administrative penalties, such provisions shall prevail; those who causes any property losses or personal injuries shall bear civil liabilities; if the case constitutes a crime, the offenders shall be held criminally liable in accordance with the law.
Chapter X Supplementary Provision
Article 86 This Law shall come into force on January 1, 2023.
