七、性別平等與婦女發(fā)展的法治保障
VII. Legal Guarantees for Gender Equality and Women's Development

中國加快建設(shè)社會主義法治國家，全面推進依法治國，探索創(chuàng)新中國特色社會主義婦女權(quán)益保障機制，形成了以《中華人民共和國憲法》為基礎(chǔ)，《中華人民共和國婦女權(quán)益保障法》為主體，包括國家各種單行法律法規(guī)、地方性法規(guī)和政府規(guī)章在內(nèi)的保障婦女權(quán)益和促進性別平等的法律體系。
By accelerating the building of a socialist country under the rule of law, comprehensively promoting the rule of law and exploring socialist mechanisms safeguarding women's rights and interests, China has put in place a legal system for protecting women's rights and interests and promoting gender equality that is based on the Constitution, takes the Law on the Protection of Rights and Interests of Women as the core and encompasses various specific state laws and regulations, local regulations and government rules and regulations.

保障婦女權(quán)益的法律法規(guī)不斷完善。20年間，先后制定和修改婚姻法、人口與計劃生育法、就業(yè)促進法、村民委員會組織法、社會保險法、婦女權(quán)益保障法、女職工勞動保護特別規(guī)定等20多部法律法規(guī)。31個省(區(qū)、市)修訂婦女權(quán)益保障法實施辦法。反對針對婦女暴力的立法取得重大進展。29個省(區(qū)、市)制定了預(yù)防和制止家庭暴力的地方性法規(guī)或政策。2015年8月，十二屆全國人大常委會第十六次會議對《中華人民共和國反家庭暴力法(草案)》進行第一次審議。2005年修訂的婦女權(quán)益保障法增加了禁止對婦女實施性騷擾的規(guī)定，2012年頒布實施的《女職工勞動保護特別規(guī)定》明確要求用人單位應(yīng)當(dāng)預(yù)防和制止對女職工的性騷擾。2015年8月通過的《中華人民共和國刑法修正案(九)》加強對女性特別是幼女的保護，更加有力地懲處強奸幼女、拐賣婦女兒童的犯罪行為。
Laws and regulations protecting women's rights and interests have been constantly improved. Over the past two decades, more than 20 laws and regulations have been enacted and revised, including the Marriage Law, Population and Family Planning Law, Employment Promotion Law, Organic Law of the Villagers Committees, Social Insurance Law, Law on the Protection of Rights and Interests of Women, and Special Regulations on the Labor Protection of Female Employees. The 31 provinces, autonomous regions and municipalities directly under the central government on China's mainland have revised their measures for implementing the Law on the Protection of Rights and Interests of Women. Major progress has been made in legislation addressing violence against women. Twenty-nine provinces (autonomous regions and municipalities directly under the central government) have formulated local regulations or policies to prevent and prohibit domestic violence. In August 2015, the 16th session of China's 12th NPC Standing Committee conducted the first review of the Anti-domestic Violence Law (Draft). An article addressing sexual harassment against women was added to the Law on the Protection of Rights and Interests of Women revised in 2005, and the Special Regulations on the Labor Protection of Female Employees formulated and implemented in 2012 clearly stipulate that employers should prevent and prohibit sexual harassment against female employees. The Amendment IX to the Criminal Law of the People's Republic of China approved in August 2015 strengthened protection of women, especially of girls under the age of 14, and specified harsher punishments for the crimes of raping girls under the age of 14 and abducting and trafficking in women and children.

保障婦女權(quán)益的執(zhí)法力度不斷加大。全國人大常委會重視開展婦女權(quán)益保障法等相關(guān)法律的執(zhí)法檢查和專題調(diào)研，督促各級政府部門嚴(yán)格執(zhí)法。加大對用人單位和人力資源服務(wù)機構(gòu)的檢查力度，依法查處侵害女職工合法權(quán)益的勞動保障違法行為，促進婦女平等就業(yè)。2013年，國務(wù)院發(fā)布《中國反對拐賣人口行動計劃(2013-2020年)》，進一步完善部門聯(lián)動協(xié)作機制。公安機關(guān)堅決打擊暴力侵害婦女的違法犯罪行為。2013年，共破獲強奸案件25852起，破獲拐賣婦女案件4537起。加強國際司法協(xié)作，開展國際合作項目，嚴(yán)厲打擊跨國跨區(qū)域的拐賣婦女兒童犯罪。
Law enforcement has been intensified to protect women's rights and interests. The NPC Standing Committee has attached great importance to law enforcement inspection and thematic research on the enforcement of the Law on the Protection of Rights and Interests of Women and related issues, and urged government departments at all levels to strictly enforce the law. China has strengthened inspection of employers and human resources service organizations, investigated and dealt with crimes violating the labor protection law and infringing upon the legitimate rights and interests of female employees, and promoted gender equality in employment. The State Council issued China's Action Plan Against Human Trafficking (2013-2020) in 2013, further improving the mechanism of inter-departmental coordination. The public security organs have resolutely combated crimes of violence against women. In 2013, they uncovered 25,852 rape cases and 4,537 cases of abducting and trafficking in women. China has also strengthened international judicial cooperation, carried out international cooperation programs, and severely dealt with transnational and trans-regional gangs engaged in abducting and trafficking in women and children.

婦女權(quán)益的司法保護不斷加強。法院系統(tǒng)設(shè)立專門的婦女維權(quán)合議庭、家事審判庭，妥善審理婚姻家庭糾紛案件，保障婦女在情感補償、財產(chǎn)分割等方面的合法權(quán)益。加大對猥褻、侮辱婦女，拐賣婦女，收買被拐賣婦女等侵害婦女人身權(quán)益違法犯罪行為的懲治力度，維護婦女人身權(quán)益和尊嚴(yán)。鼓勵開展反家庭暴力的基層司法實踐，探索家庭暴力人身安全保護裁定制度，試點法院從2008年的5個省擴展到目前的14個省。一些地方公安機關(guān)建立家庭暴力告誡制度，加大家庭暴力事先防范和及時制止力度。2014年，最高人民法院公布家庭暴力指導(dǎo)案例，規(guī)范以暴制暴案件的司法自由裁量權(quán)，增強了法律適用統(tǒng)一性。注重發(fā)揮婦女在公正司法中的重要作用。2013年，人民陪審員中女性占34.2%；女法官、女檢察官比例分別為28.8%、29.3%，比1995年分別增長了12.1%、12.3%。女法官協(xié)會、女檢察官協(xié)會、女律師協(xié)會等專業(yè)性婦女組織發(fā)揮積極作用，維護婦女權(quán)益。
Judicial protection of women's rights and interests has been strengthened. The courts have established special collegial panels for safeguarding women's rights, along with family courts to properly try cases of marriage and family disputes and protect women's legitimate rights and interests in emotional distress compensation and property division. Punishment has been reinforced against crimes violating women's personal rights and interests, such as crimes of acting indecently against or insulting a woman by force, of abducting and trafficking women and of buying abducted women, all in an effort to safeguard women's personal rights, interests and dignity. China has also encouraged judicial action against domestic violence at the grassroots level. It has explored the adjudication system of personal security protection against domestic violence, and courts which conduct this pilot program are found in 14 provinces as compared to five in 2008. Some local public security organs have established a domestic violence warning system so as to prevent and respond promptly to domestic violence in a more effective manner. In 2014, the Supreme People's Court issued the guiding cases on domestic violence, regulated judicial discretion in cases of answering violence with violence, and improved the unified application of the law. China has given priority to the important role played by women in judicial justice. In 2013, the proportion of female people's jurors was 34.2 percent, and the proportions of female judges and procurators were 28.8 percent and 29.3 percent, up 12.1 percent and 12.3 percent over 1995, respectively. Professional women's organizations, such as women judges associations, women procurators associations and women lawyers associations, have played a positive role in safeguarding women's rights and interests.

加強普法宣傳教育，提高性別平等的法律意識。連續(xù)實施六個“五年普法規(guī)劃”，將保障婦女權(quán)益的法律法規(guī)納入其中，作為各級各類學(xué)校法治教育課程和國家廣播、電視、報刊、網(wǎng)絡(luò)等新聞媒體宣傳的重要內(nèi)容。運用法治宣傳教育網(wǎng)絡(luò)，深入開展促進性別平等的法律進機關(guān)、進鄉(xiāng)村、進社區(qū)、進學(xué)校、進企業(yè)、進單位的主題活動，努力營造尊重和保障婦女權(quán)益的社會氛圍。婦聯(lián)及其他婦女組織針對侵害婦女權(quán)益重大事件加強輿情監(jiān)測和科學(xué)研判，及時發(fā)聲，倡導(dǎo)全社會樹立男女平等的價值觀念。開展“建設(shè)法治中國·巾幗在行動”等活動，引導(dǎo)廣大婦女尊法、學(xué)法、守法和用法，提高婦女依法維護自身合法權(quán)益的意識和能力。
Intensified publicity and education campaigns on law have been carried out to raise public awareness of legal aspects of gender equality. China has implemented in succession six five-year plans to spread legal knowledge among the public, making laws and regulations safeguarding women's rights and interests an important part of law-related education in schools at different levels, and ensuring they are well publicized in the media through radio, television programs, newspapers and periodicals, and the Internet. Taking advantage of the publicity and education network, China has held law-themed activities to promote the understanding and application of laws on gender equality in state organs, villages, communities, schools, enterprises and work units, trying to nurture an atmosphere of respecting and protecting women's rights and interests in society. Women's federations at all levels and other women's organizations have intensified public opinion monitoring and scientific analysis of major cases violating women's rights and interests, giving voice to the female view in a timely manner, and advocating the value of gender equality throughout society. Activities such as "Building a China under the Rule of Law: Women in Action" have been held to guide female citizens to respect, study, abide by and make use of law, and to improve their awareness and capability of safeguarding their own legitimate rights and interests through the law.

完善多機構(gòu)合作的婦女維權(quán)機制，為婦女提供法律服務(wù)。2013年、2014年分別出臺《關(guān)于進一步推進法律援助工作的意見》和《關(guān)于建立完善國家司法救助制度的意見(試行)》，為更多婦女獲得法律援助和司法救助提供制度保障。2014年全國共設(shè)立法律援助機構(gòu)3737個，獲得法律援助的婦女達35.2萬人，與2000年相比，法律援助機構(gòu)增長97.7%，獲得法律援助的婦女人數(shù)增加31萬人。支持婦聯(lián)及其他婦女組織開設(shè)婦女維權(quán)服務(wù)熱線、成立維權(quán)服務(wù)機構(gòu)等，積極為婦女提供法律幫助與服務(wù)。目前，31個省(區(qū)、市)的2800多個區(qū)(縣)開通“12338”婦女維權(quán)服務(wù)熱線，建立婦女維權(quán)站、維權(quán)崗、家庭暴力投訴站等各類維權(quán)服務(wù)機構(gòu)25萬個，暢通了婦女維權(quán)渠道。
The mechanism of women's rights protection based on multi-institutional cooperation has been improved to provide legal services to women. The Opinions on Further Strengthening Legal Aid and the Opinions on Establishing and Improving the System of State Judicial Relief (for Trial Implementation) were issued in 2013 and 2014 respectively, providing an institutional guarantee for the provision of legal aid and judicial relief to women. In 2014, China established 3,737 legal aid institutions, providing help to 352,000 women. Compared with 2000, the number of legal aid institutions increased by 97.7 percent, and the number of women receiving legal aid increased by 310,000. Support has been given to the efforts of women's federations and other women's organizations in setting up hotlines and institutions providing rights protection services and legal aid for women. At present, the hotline 12338 has been in operation in more than 2,800 districts (counties) of China's 31 provincial-level administrative divisions, and 250,000 institutions such as women's rights protection stations and complaint centers against domestic violence have been established, which have widened the channels for Chinese women to protect their rights and interests.