PRC Law on the Protection of Women's Rights and Interests (Draft Revision)

[Source]http://www.npc.gov.cn/flcaw/userIndex.html?lid=ff8081817ddb134a017deac847ed20e0
Comment Period: 2021-12-24 至 2022-01-22

中华人民共和国妇女权益保障法(修订草案) (二次审议稿)

PRC Law on the Protection of Women's Rights and Interests (Draft Revisions) (Second Reading Draft)

Table of Contents

Chapter I: General Provisions

Chapter II: Political Rights

Chapter III: Cultural and Educational Rights and Interests

Chapter IV: Labor and Social Security Rights and Interests

Chapter V: Property Rights and Interests

Chapter VI: Personality Rights and Interests

Chapter VII: Marital and Family Rights and Interests

Chapter VIII: Legal Remedies and Legal Responsibility

Chapter IX: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution and our nation's actual conditions so as to protect the lawful rights and interests of women, to promote the development of equality of men and women and the full protection of women, to give full play to the role of women in the modernization of socialism, and to advocate the Core Socialist Values.

Article 2: The equality of men and women is a fundamental national policy. Women enjoy equal rights with men in all areas, including in political, economic, cultural, social, and family life.

The State is to take the necessary measures to gradually improve the various systems for protecting women's rights and interests, eliminate all forms of discrimination against women, and prohibit the exclusion or restriction of women from lawfully enjoying and exercising their various rights and interests on the basis of sex.

The state is to protect the special rights and interests enjoyed by women.

The state may employ temporary special measures to bring about the equality of men and women.

Article 3: Ensuring the lawful rights and interests of women is the common responsibility of the entire society. State organs, social organizations, enterprises, public institutions, basic level mass autonomous organizations, and other organizations and individuals shall protect women's rights and interests in accordance with this law and relevant laws and regulations. The state is to employ effective measures to provide the necessary conditions for women to exercise their rights in accordance with law.

Article 4: Persist in the Communist Party of China's leadership of efforts to protect the rights and interests of women, and establish working mechanisms for efforts to preserve the rights and interests of women, which have government guidance, coordination from all sides, and societal participation.

People's government institutions at the county level or above with responsibility for efforts on women and children are responsible for organizing, coordinating, guiding, supervising and driving relevant departments' efforts to ensure women's rights and interests.

The relevant departments of people's governments at the county level or above are each to complete efforts to ensure women's rights and interests within the scope of their duties.

Article 5: The State Council is to draft and organize the implementation of Outline for Women's Development in China, and include it in the citizens' economic and social development plan.

All levels of local people's governments at the county level or above are to draft and organize the implementation of a plan for the development of women in the corresponding administrative region, based on the Outline for Women's Development in China, and include it in citizen economic and social development plans.

People's governments at the county level or above shall include funding required for ensuring women's rights and interests in the budget for that level.

Article 6: People's courts and people's procuratorates shall lawfully protect the lawful rights and interests in accordance with their adjudication and procuratorial duties.

Article 7: The All-China Women's Federation and all levels of local women's federation are to represent and preserve the interests of women of all ethnicities and walks of life in accordance with the law and the charter of the All-China Women's Federation, and do a good job in efforts to preserve the rights and interests of women.

Labor unions, Communist Youth Leagues, Disabled Persons’ Federations, and other social groups are to do a good job in efforts to preserve women’s rights and interests within their respective scope of work.

Article 8: The state encourages women‘s self-esteem, self-confidence, self-reliance, and self-improvement, and the use of law to protect their lawful rights and interests.

Women should abide by the nation's laws, respect social mores, professional ethics, and family values, and fulfill the obligations provided by law.

Article 9: Relevant organs drafting or revising laws, regulations, rules, and other normative documents involving women's rights and interests shall fully consider the differences between men and women and the special interests of women, to carry out assessments on the equality of men and women.

The bodies of people's governments at the county level or above that are responsible for efforts on women and children may carry out assessments of the implementation of laws, regulations, rules, and other normative documents involving women's rights and interests.

The assessment reports shall be a major consideration in drafting or revising laws, regulations, and other normative documents.

Article 10: The state is to establish and complete statistical survey programs on the status of the development of women, improve index systems for statistical monitoring of sex, carry out statistical surveys and analysis related to women's development and the protection of rights and interests, and regularly publish relevant information.

Article 11: The state is to include the fundamental national policy of equality between men and women in the citizen education and training system, carry out publicity and education, and enhance the entire society's awareness of the equality of men and women.

State organs, social groups, enterprises, public institutions, basic-level mass autonomous organizations, and other organizations and individuals are encouraged to carry out publicity, education, and public interest activities on protecting women's rights and interests.

News media shall carry out public interest publicity on the equality of men and women and on preserving women's rights and interests.

Article 12: Organizations and individuals making outstanding contributions in ensuring women's lawful rights and interests are to be given commendations and awards in accordance with relevant state provisions.

Chapter II: Political Rights

Article 13: The state is to ensure that women enjoy political rights equal to those of men.

Article 14: Women have the right to manage state affairs, economic and cultural undertakings, and social affairs through various channels and in various forms.

Women and women's organizations have the right to submit comments and recommendations on ensuring women's rights and interests to all levels of state organs.

Article 15: Villagers' committees and residents' committees shall organize women to participate in the drafting of villager and resident conventions, as well as consultation and deliberation activities related to women's rights and interests, shall create conditions for and facilitate women's participation in the management of public affairs, and promote the resolution of practical issues that are of concern to women on rights and interests.

Employer units shall organize female staff to participate in the drafting of rules systems related to staff rights and interests as well as other consultation and deliberation activities related to matters of female staff's rights and interests.

Article 16: Women enjoy rights to vote and stand for election that are equal to those of men.

There shall be an appropriate number of female representatives among the representatives in the National People's Congress and all levels of local people's congress. The state is to employ measures to gradually increase the proportion of female representatives in the National People's Congress and all levels of local people's congress.

There shall be an appropriate number of women in the membership of residents' committees and villagers' committees. The proportion of female employees in employee representative conferences shall correspond to the overall proportion of female staff.

Article 17: The state is to actively cultivate and select female cadres, emphasizing the cultivation and selection of ethnic minority female cadres.

State organs, social groups, enterprises, and public institutions cultivating, selecting, and appointing cadres shall adhere to the principle of the equality of men and women, and have an appropriate number of women serve as members of leadership.

Women's federations and their members may suggest female cadres to state organs, social groups, enterprises, and public institutions. Relevant departments and units attach importance to the suggestions and comments.

Article 18: Women's Federations are to represent women in actively participating in democratic decision-making, democratic management, and democratic oversight of state and social affairs.

Women's federations shall carefully listen to women's opinions, reflect women's demands, and submit relevant recommendations to all levels of state organ.

Women's federations shall actively participate in the drafting and revision of laws, regulations, rules, and other normative documents, and submit opinions and recommendations on the implementation of laws, regulations, rules, and other normative documents on ensuring women's rights.

Article 19: The relevant departments shall listen to and accept criticism and reasonable suggestions related to protecting women's rights and interests; relevant departments shall clarify the facts of violations of women's rights and interests that are the subject of a complaint, accusation, or report, and are responsible for addressing them, the violations must not be suppressed or retaliated against by any organization or individual.

Chapter III: Cultural and Educational Rights and Interests

Article 20: The state is to ensure that women enjoy cultural and educational rights equal to those of men.

Article 21: Parents or other guardians shall perform obligations to ensure that appropriately aged female minors receive and complete compulsory education.

Except in special circumstances such as illness, parents or other guardians that do not enroll appropriately aged female minors in school are to be given criticism and education by the local village or township people's governments or by the administrative departments for education of the county-level people's government, and are to be ordered to make corrections in a set period of time in accordance with law. Residents’ or villagers’ committees shall assist the government in completing related work.

Governments and schools shall employ effective measures to resolve actual challenges that exist for appropriately aged female minors in attending school, and create conditions and guarantee that appropriately aged female minors complete compulsory education.

Article 22: Schools and relevant departments shall implement relevant state provisions to ensure that women enjoy rights equal to those of men in areas such as school enrollment, advancement, receiving diplomas, being sent to study abroad, and occupational guidance and services.

When schools recruit students, they must not refuse to enroll females on the basis of sex or increase the standards for recruiting females, except in special majors provided for in state regulations.

All levels of people's government shall employ measures to ensure females' equal enjoyment of the rights and opportunities to receive secondary and higher education.

Article 23: As provided, all levels of people's government shall include efforts to eliminate illiteracy and semi-illiteracy in women in continuing education plans to eliminate illiteracy and for those who have gained literacy, employ organizational forms and work methods suited to the characteristics of women, and organize and oversee the specific implementation by relevant departments.

Article 24: The state is to complete a lifelong education system, creating conditions for women to receive lifelong education.

All levels of people's government and relevant departments shall employ measures to organize vocational education and practical skills training for women based on the needs of urban and rural women.

Article 25: State organs, social groups, enterprises, and public institutions shall implement relevant state provisions to ensure that women enjoy rights equal to those of men to engage in scientific, technological, literary, artistic, and other cultural activities.

Chapter IV: Labor and Social Security Rights and Interests

Article 26: The state is to ensure that women enjoy labor rights and social security rights equal to those of men.

Article 27: All levels of people's government and relevant departments shall improve employment safeguard policy measures, prevent and correct sex discrimination in employment, create a fair environment for employment and entrepreneurship for women, and provide necessary support and assistance for women with employment difficulties.

Article 28: Employer units must not carry out the following conduct during recruitment (hiring), except as otherwise provided by the state:

(1) Limiting to males or providing that males have priority;

(2) Further inquiring into females' marital or parenthood situation, as well as their wishes, beyond basic individual information;

(3) Having pregnancy testing as an item in physical examinations for entry;

(4) Making restrictions on marriage or childbirth, as well as marital and parenthood status, be a condition of recruitment (hiring);

(5) Other conduct refusing to recruit (hire) women based on sex or having increased different standards for the recruitment (hiring) of women.

Where Internet platform enterprises organize laborers as platform employees, the provisions of the preceding paragraph are to be applied by reference.

Article 29: Departments for human resources and social security shall include acts of sex discrimination during recruitment, hiring, promotions, and evaluations of professional and technical positions within the scope of their oversight of labor safeguards.

The departments for human resources and social security, labor unions, women's federations, and so forth, may independently or jointly speak with employer units that violate the provisions of article 28 of this law, and urge them to make corrections within a set period of time.

Through the labor unions' legal oversight, labor unions may urge employer units that violate female staff's other labor and social security rights and interests to make corrections in a set period of time.

Article 30: When employer units recruit (hire) female staff, they shall sign labor (employment) contracts or service agreements with them in accordance with law; the labor (employment) contract or service agreement shall have special provisions on the protection of female staff and it must not have content such as providing restrictions on marriage or childbirth.

Collective contracts concluded between staffs and employer units shall include content on the equality of men and women and on protecting female staff's rights and interests, and it may put the related content in a dedicated chapter, attachment, or independently concluded special collective contract on the protection of female staff's rights and interests.

Article 31: Implement equal pay for equal work for men and women. Women enjoy rights equal to those of men in the enjoyment of welfare benefits.

Article 32: Employer units shall adhere to the principle of equality between men and women and must not discriminate against women in areas such as promotions, advancement, evaluations for professional and technical positions, and professional training.

Article 33: Based on the characteristics of women, employer units shall protect the safety and health of women during work and labor in accordance with law

Women are to receive special protection during menstruation, pregnancy, childbirth, and lactation.

Article 34: Employer units must not reduce the salary or welfare benefits of female staff, fire female staff, or unilaterally end their labor (employment) contract or service agreement, due to marriage, pregnancy, maternity leave, or nursing.

Where the labor (employment) contract or service agreement expires while women are pregnant, on maternity leave, or nursing, the period of the labor (employment) contract or service agreement is automatically extended until the conclusion of maternity leave or nursing. There is to be an exception however where the employer unit ends the labor (employment) contract or service agreement in accordance with law or the female employee requests it be ended.

When employer units implement the national retirement system, they must not discriminate against women on the basis of sex.

Article 35: Enterprises' annual reports shall include information that can reflect on the equality of men and women such as the recruitment (hiring) of females, the sex ratio of the staff, and the sex ratio at the management level.

Article 36: The state is to develop social security undertakings, ensuring that women enjoy rights and interests such as in social insurance, social assistance, and social welfare.

The state is to advocate and encourage the carrying out of social public interest activities to help women.

Article 37: The state is to implement a birth insurance system and establish and complete other safeguard systems related to giving birth.

All levels of local people's government and relevant departments shall provide necessary assistance in giving birth to women in families with [financial] difficulties in accordance with relevant state provisions.

Article 38: All levels of local people's government and relevant departments shall employ necessary measures to ensure that women in families with [financial] difficulties enjoy corresponding safeguards of their rights and interests, and provide them with necessary living assistance and care services in accordance with relevant departments.

When responding to emergency incidents and carrying out social assistance, the state shall consider the need for feminine hygiene products and products for mothers and infants.

Chapter V: Property Rights and Interests

Article 39: The state is to ensure that women enjoy property rights equal to those of men.

Article 40: The rights and interests lawfully enjoyed by women in the joint property relationships of husband and wife and of family, must not be violated.

Article 41: Women enjoy rights equal to those of men in the confirmation of identities in areas such as membership of rural collective economic organizations, land contract operations, for distribution of income from collective economic organizations, compensation for land expropriation or requisition and placement, and homestead land use rights.

Applications for rights in rural land contract operations, forestry rights, homestead land use rights, and other real estate registries shall have women and all family members who enjoy rights listed in the real estate registry books and ownership documents. Compensation agreements for expropriation or requisition and resettlement shall include women that enjoy related rights and interests, and indicate the content of their rights and interests.

Article 42: Villagers' self-governance charters, village rules and agreements, and the decisions of villagers' meetings, villagers' representatives' meetings, and other decisions concerning villagers' interests, shall not infringe upon women's rights and interests in rural collective economic organizations on the grounds that women are unmarried, married, divorced, widowed, or have no males in their household.

Where a man takes residence in the woman's household as the result of marriage, the man and children enjoy equal rights and interests as members of the local rural collective economic organization.

Township people's governments shall conduct guidance and oversight over villagers' self-governance charters, village rules and agreements, and the decisions of villagers' meetings, villagers' representatives' meetings, and other decisions concerning villagers' interests, and correct content in them that violates relevant laws, regulations, and state policies, or that infringes on women's lawful rights and interests.

Based on their own duties, the departments for civil affairs and for agriculture and rural affairs in people's governments at the county level are to do a good job of guidance and oversight work.

Article 43: The State protects women's rights and interests in urban collectively-owned property relationships. Women enjoy the relevant rights and interests according to the provisions of laws and administrative regulations.

Article 44: Women enjoy the right to inherit property equal to that of men. Women must not be discriminated against among statutory successors same in order.

Widows have the right to make dispositions of inherited property, with which no one may interfere.

Article 45: Widowed daughters-in-law who have made predominant contributions in supporting their parents-in-law are to be deemed successors first in order, and their right to inheritance is not prejudiced by their children's inheritance in subrogation.

Chapter VI: Personality Rights and Interests

Article 46: The state is to ensure that women enjoy personality rights and interests equal to those of men.

Article 47: Women's physical liberty is inviolable. The deprivation or restriction of women's physical liberty by unlawful detention and other unlawful means are prohibited; unlawful searches of women's bodies are prohibited.

Article 48: Women's rights to life, to body, and to health are inviolable. Abuse, abandonment, mutilation, and all other acts infringing upon women's rights and interests in life and health are prohibited.

It is prohibited to kill, abandon, mutilate, sell, or unlawfully give girls up for adoption; it is prohibited to discriminate against or abuse women who give birth to girls and women without children; it is prohibited to use superstition, mental control, or other methods to harm women; it is prohibited to abuse or abandon sick or disabled women and elderly women.

Where a woman's right to life, body, or health is being violated or where she is in distress due to illness, childbirth, domestic violence, etc., organizations such as public security organs, civil affairs departments, and medical institutions, as well as individuals with the legal obligations to provide relief shall promptly provide relief.

When performing childbirth surgeries, special exams, or special treatments, medical institutions shall obtain the consent of the pregnant women themselves, and shall respect the pregnant women's own wishes when they and their family members or related persons disagree.

Article 49: It is prohibited to traffic or kidnap women; it is prohibited to purchase women who have been trafficked; it is prohibited to obstruct the rescue of women who have been trafficked or kidnapped.

In accordance with their duties, all levels of people's government and departments such as for public security, civil affairs, human resources and social security, and health, are to promptly employ measures to rescue women who have been trafficked or kidnapped, and do a good job on work in the aftermath; and women's federations are to assist and cooperate in relevant work. Women who have been trafficked or kidnapped must not be discriminated against by any person.

Article 50: It is prohibited to commit sexual harassment in the following ways against a woman's will:

(1) verbal expressions that have sexual meanings or sexual connotations;

(2) inappropriate and unnecessary physical acts;

(3) displaying or distributing images, texts, information, audio, videos, or other such contents that have clear sexual connotations;

(4) implying that certain benefits will be gained from developing an intimate relationship or having a sexual relationship;

(5) other circumstances that shall be considered sexual harassment.

Women victims may make complaints to the relevant units and state organs. The relevant units and state organs receiving the complaints shall handle them promptly and notify [the victims] of the results in writing.

Women victims may make reports to the public security organs, and may also initiate civil litigation in a people's court, demanding that the perpetrators bear civil liability in accordance with the law.

Article 51: Based on the characteristics of female students, schools shall conduct education on physical health, mental wellness, and self-protection, and employ measures in areas such as education, management, and facilities, to ensure the physical safety and healthy physical and psychological development of female students.

Schools shall carry out sex education for female students that is appropriate for their age, increasing their awareness and ability to protect themselves against sexual abuse and sexual harassment. Schools shall promptly employ protective measures for female students who suffer sexual abuse or harassment.

Schools shall establish work systems for preventing sexual abuse and harassment. Schools must not conceal violations and crimes such as sexual abuse or harassment of female students, and shall promptly notify the parents or other guardians of the female student victims, and report to the public security organs or administrative departments for education, and cooperate with the relevant departments to address the offense.

Schools, public security organs, administrative departments for education, and their relevant staff shall protect the privacy of female students who suffer sexual abuse or harassment.

Article 52: Employers shall take the following measures to prevent and curb sexual harassment against women:

(1) Formulate rules and regulations prohibiting sexual harassment;

(2) Clarifying the responsible bodies or personnel;

(3) carrying out educational and training activities on preventing and curbing sexual harassment;

(4) taking necessary security measures;

(5) Setting up phone lines, and in-boxes for complaints, clearing the channels for complaints;

(6) Establishing and improving procedures for investigation and disposition, promptly addressing conflicts, and protecting the privacy of the parties.

(7) Other reasonable preventive and restraining measures.

Where Internet platform enterprises organize laborers as platform employees, the provisions of the preceding paragraph are to be applied by reference.

Article 53: Prostitution and solicitation of prostitutes are prohibited; It is prohibited to rape or molest women, or to organize, compel, entice, enable, or act as an intermediary for the prostitution of women; it is prohibited to organize, compel, entice, enable, or act as an intermediary for women to conduct obscene performances and activities in any venue or through the internet.

It is prohibited to use one's authority, affiliation, dominant position, or duty of care to sexually harass women or have sexual relations with them.

Article 54: Where a woman's pregnancy resulting from sexual assault is not suitable for termination and a child is born, she may choose not to serve as guardian and has the right to unilaterally decide to put the child up for adoption; where no one adopts them, the civil affairs departments are to serve as guardians.

Article 55: Women's personality rights and interests, such as rights in their name, image, reputation, honor, and privacy, and their personal information are protected by law.

It is prohibited to use methods such as insult or defamation to harm women's personal dignity. It is prohibited to belittle or harm women's personalities through the mass media or other means. Women's images must not be used without their consent in forms such as advertisements, logos, exhibition displays, newspapers, periodicals, books, audiovisual works, electronic publications, or online, except as otherwise provided by law.

Article 56: It is prohibited to pester or harass women, or to disclose or transmit women's personal information, in the name of courtship or making friends, or after ending cohabitation or a divorce.

Where women suffer the violent harms described above or face a real danger of those harms, apply to the people's court for a personal safety protection order with reference to the relevant provisions of the Domestic Violence Law of the PRC.

Article 57: The state is to establish and complete a women's health services system, ensuring that women enjoy basic medical health services, and increasing the level of women's health.

The state is to employ necessary measures to ensure that women receive popular health knowledge, health care, and disease prevention during menstruation, pregnancy, maternity, lactation, and menopause, to meet the health needs of women in these special physiological periods.

The state is to establish and complete a mental health services system to provide psychological support to women during pregnancy, maternity, and menopause, as well as women who have suffered domestic violence, sexual harassment, or sexual assaults.

Article 58: Local people's governments at the county level or above shall establish specialized bodies for women and children's health care, providing health care and prevention of common illness to women.

The state is to encourage and support social forces' participation in women's health affairs and provision of safe health products and services, through means such as lawfully organizing establishments and donations and funding, to satisfy the women's diverse and different health needs.

Employer units shall regularly carry out health exams such as for gynecological and breast illnesses for female staff.

Article 59: Women have the right to bear children in accordance with the relevant state provisions and also have the freedom to not bear children.

Article 60: The state is to implement a pre-marital, pre-pregnancy, pregnancy, maternity, and postpartum health care system, and gradually establish a systematic health care system for women throughout their life cycle. Relevant medical and health care establishments shall provide safe and effective medical and health techniques to ensure women's reproductive safety and health.

When planning, setting up infrastructure, and providing public services, all levels of people's government shall ensure that there are more women's toilets than men's toilets, and reasonably allot public facilities such as mother-child rooms to protect women's privacy and satisfy women's needs.

Article 61: When planning, setting up infrastructure, and providing public services, all levels of people's government shall ensure that there are more women's toilets than men's toilets, and reasonably allot public facilities such as mother-child rooms to protect women's privacy and satisfy women's needs.

Employer units are encouraged to allot a reasonable ratio of male and female restrooms and facilities such as mother-child rooms.

Chapter VII: Marital and Family Rights and Interests

Article 62: The state is to ensure that women enjoy marital and familial rights equal to those of men.

Article 63: The state is to protect women's right to marital autonomy. It is prohibited to interfere with women's freedom of marriage or divorce.

Article 64: The state is to encourage both men and women to conduct joint or related medical examinations before registering for marriage.

Article 65: The marriage registration organs at the county level or above shall provide marriage and family guidance services, guiding the parties to establish equal, harmonious, and civil marital and familial relations.

The state is to encourage and support social forces providing marriage and family guidance services in accordance with law.

Article 66: A man must not apply for divorce during the woman's pregnancy, within one year after she gives birth, or within 6 months of the termination of a pregnancy. This restriction does not apply where the woman applies for divorce, or where a people's court deems it truly necessary to accept the man's application for divorce.

Article 67: Domestic violence against women is prohibited. The state is to take measures to prevent and stop domestic violence.

The relevant departments of people's governments at the county level or above, justice organs, social groups, enterprises, public institutions, basic-level mass autonomous organizations, and other organizations shall prevent and stop domestic violence within the scope of their duties, and provide assistance to women victims in accordance with law.

Article 68: Women enjoy the right to possess, use, benefit from, and dispose of marital property equal to those of their spouses, and this is not affected by circumstances such as the parties' income.

The husband and wife have the right to request that their names and the proportion of jointly held shares be placed on the ownership documents for jointly owned real-estate and moveable property that may be jointly registered; and the relevant bodies shall handle the registration formalities in accordance with their requests. Where either the husband or wife feels that there is an error in matters such as the recorded rights holder, subject property, or proportion of rights, they have the right to apply for a correction of the registration or to object to the registration in accordance with law.

Article 69: During the period of divorce proceedings, where either the husband or wife applies to make inquiries into the status of assets registered in the other party's name, but cannot collect them on their own due to objective reasons, the people's courts shall conduct an investigation and collect evidence.

During the period of divorce proceedings, both the husband and wife have an obligation to make declarations on all marital property, and where they intentionally conceal, transfer, convert, damage, or waste marital property, or fabricate debts against marital property in order to take the other side's assets, the relevant provisions of the Civil Code may be applied to either not divide assets or to give a smaller share.

Article 70: Both husband and wife shall take on family obligations and care for family life together.

Where the woman bears more obligations for raising children, caring for the elderly, assisting the man with work, and so forth, she has the right to demand compensation from the man at the time of divorce. The method of compensation is to be agreed upon by the parties, and where an agreement is not reached, a lawsuit may be initiated in the people's court.

Article 71: In divorces, when dividing houses jointly owned by the husband and wife or handling houses jointly rented by the husband and wife, the parties should negotiate a resolution; and where an agreement is not reached, the people's courts is to make a judgment based on the specific circumstances of the parties and in accordance with the principles of caring for rights and interests of the children, woman, and faultless parties. Except where the husband and wife have made other agreements.

Article 72: Both parents enjoy equal guardianship rights as to minor children.

Where the father is deceased or lacks the capacity for guardianship, the mother's guardianship qualifications must not be interfered with by any person.

Article 73: When divorcing or ending cohabitation, where the woman has lost the ability to bear children because of undergoing a sterilization operation or for other reasons, then in issues of child care the woman's reasonable demands shall be met, so long as it is in the best interest of minor children.

Chapter VIII: Legal Remedies and Legal Responsibility

Article 74: Every organization and individual has the right to discourage and stop conduct harming women's lawful rights and interests, or to make an accusation or report to the relevant departments.

Where women's lawful rights and interests are infringed upon, they have the right to request that relevant departments address it, to apply for mediation or arbitration in accordance with law, or to initiate litigation in the people's courts.

The local legal aid institutions or justice organs shall give aid to eligible women, and lawfully provide them with legal aid or judicial assistance.

Article 75: Where the relevant departments do not address, or improperly address, conduct that seriously violates women's rights and interests and violations of women's rights and interests that cause a serious social impact, the body of people's governments at the county level or above that is responsible for efforts on women and children may submit a comment to the relevant departments to urge handling, and the relevant departments shall reply; when necessary, they may request that the people's government at the same level conduct inspections.

Article 76: Where women's lawful rights and interests are violated, they may request help from women's organizations such as the Women’s Federation. So long as they are protecting the privacy of the women harmed, Women's Federations or related women's organizations may use the mass media to expose or criticize, and have the right to request or assist relevant departments or units in investigation and handling. The relevant departments or units shall investigate and handle it in accordance with law, and give a response.

Article 77: People's governments at the county level or above shall open a unified national service hotline for the protection of women's rights and interests, promptly accepting and referring complaints and reports about violations of women's lawful rights and interests; after relevant departments or units receive a referral, they shall promptly address it.

Social groups, enterprises, public institutions, and individuals are to be encouraged and supported to participate in establishing the service hotline for the protection of women's rights and interests, providing information and assistance in the area of protecting women's rights and interests.

Article 78: Where there is any of the following conduct violating the lawful rights and interests of large numbers of women, leading to harm of the societal public interest, the procuratorates may issue a procuratorial suggestion or initiate litigation:

(1) Violating women's rights or interests when confirming the identities of members of rural women's collective economic organizations, or violating the rights enjoyed by women in rural land contracts and collective income, rights and interests in the distribution of compensation for land expropriation and requisition, or homestead land use rights;

(2) Violating women's right to equal employment;

(3) Failure of relevant units to employ reasonable measures to prevent and stop sexual harassment;

(4) Belittling or harming women's personalities through the mass media or other means.

(5) Other conduct that seriously violates women's rights and interests.

Article 79: State organs, social groups, enterprises, and public institutions may support women who have been infringed upon in initiating litigation in the people's court regarding violations of women's rights and interests.

Article 80: Where employer units violate articles 28 and 34 of this Law, the departments for human resources and social security are responsible for ordering corrections; and where corrections are refused or the circumstances are serious, they are to give a fine of between 10,000 and 50,000 RMB.

Article 81: Where the first paragraph of article 41 of this Law is violated by violating women's rights and interests when confirming the identities of members of rural women's collective economic organizations, the women who were infringed upon may request that the township people's government and so forth coordinate, or may initiate litigation in the people's courts.

Where the first or second paragraphs of article 42 of this Law are violated, the township people's governments are to order corrections; where the women who were infringed apply to the rural land contract arbitration body for arbitration or initiate litigation in the people's courts, the rural land contract arbitration body and people's courts shall lawfully accept it and make a decision or judgment on the civil liability born by the infringer.

Article 82: Where the provisions of this law are violated by belittling or harming women's personalities through mass media or other means, relevant departments such as for public security, internet information, culture and tourism, radio and television, and news and publication are to order corrections on the basis of their respective authority and give administrative punishments in accordance with law.

Article 83: Where the provisions of this law are violated by sexual harassment of women, the public security organs may give criticism and education or issue a written warning, and the unit to which the harasser belongs is to give corresponding sanctions.

Where schools, employ units, and so forth violate the provisions of this law by failing to employ necessary measures to prevent and stop sexual harassment, causing the infringement of women's rights and interests or a vile social impact, the higher level organs or regulatory departments are to order corrections, and where corrections are refused or the circumstances are serious, give directly responsible managers and other directly responsible personnel sanctions in accordance with relevant state laws and regulations.

Article 84: Where the provisions of this law are violated by passing the buck on, delaying, suppressing, and not investigating and handling collateral appeals, accusations, or reports on violations of women's rights and interests, or where revenge is taken against the person making a collateral appeal, accusation or report; the unit to which the violater belongs, the competent departments, or higher level organs are to order corrections and give sanctions to the directly responsible managers and other directly responsible personnel.

Where state organs and their staff fail to perform their duties in accordance with law, fail to promptly stop conduct violating women's rights and interests, or fail to give necessary aid to women who have been infringed upon, causing serious consequences, the unit to which they belong or the higher level organs are to give sanctions to the directly responsible managers and other directly responsible personnel.

Where the provisions of this law are violated by infringing on women's cultural and educational rights and interests, labor and social security rights and interests, personality rights and interests, property rights and interests, and marital and family rights and interests, the unit to which the violators belong, the competent departments, or higher level organs are to order corrections, and where the directly responsible managers and other directly responsible personnel are state employees, the unit to which they belong or the higher level organs are to give sanctions in accordance with law.

Article 85: Where the provisions of this law are violated by infringing on women's lawful rights and interests, and other laws and regulations provide for administrative punishments, follow those provisions; where harm is injury is caused to property or persons, civil liability is to be borne in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter IX: Supplementary Provisions

Article 86: This Law shall take effect on xx-xx-xxxx.