Notice on the implementation of the newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests to effectively protect women's rights and interests

2023-03-07

The People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the People's Procuratorates of the People's Liberation Army, and the People's Procuratorates of the Xinjiang Production and Construction Corps: The Law of the People's Republic of China 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 Standing Committee of the 13th National People's Congress, and will come into force as of 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 uniform and correct implementation of laws, the relevant requirements are hereby notified as follows. 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". We should further strengthen the sense of mission and responsibility of implementing the Law on the Protection of Women's Rights and Interests, perform our duties in accordance with the law, effectively take strengthening the protection of women's rights and interests in the new era as a procuratorial organ to serve the overall interests of the Party and the country, implement the people-centered development concept, and do a good job in maintaining the long-term stability of the country. 2、 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 stipulates the responsibilities of procuratorial organs and puts forward new and higher requirements. The procuratorial organs at all levels should fully grasp and fully perform their duties, do a good job of supporting prosecution, administrative prosecution, public interest litigation prosecution, punishing crime, judicial assistance, and source of litigation governance according to law, and promote the procuratorial link to comprehensively protect women's rights and interests. (1) The Law on the Protection of Women's Rights and Interests has added a new system of supporting prosecution. The procuratorial organs at all levels should base themselves on the legal supervision function, follow the requirements of the procuratorial organs' guidance on civil support for prosecution, and provide assistance for the prosecution of women victims by providing legal advice, assisting in the collection of evidence, putting forward support for prosecution opinions, and coordinating the provision of legal aid according to law, so as to effectively improve the quality of civil support for prosecution. (2) To strengthen administrative procuratorial supervision, procuratorial organs at all levels should focus on safeguarding women's labor and social security rights and interests, property rights and interests, personal rights and interests, marriage and family rights and interests in accordance with the law, and strengthen the supervision of administrative litigation and administrative non-litigation enforcement cases involving women's legal rights and interests. In the course of performing its duties, if it is found that an administrative organ has violated the lawful rights and interests of women by illegally exercising its powers or failing to exercise its powers, it shall formulate and issue procuratorial recommendations according to law and urge the administrative organ to perform its duties according to law

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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