In September 2021, the State Council issued the Outline for Women’s Development in China. The Outline aims to protect women’s equal rights across eight key areas: health, education, employment, participation in management, social security, family support, environmental matters, and legal rights.
The criminal provision governing human trafficking, Article 240 (“trafficking in women or children”), defines it as abducting, kidnapping, buying, trafficking or transporting women for sale. The prescribed sentence ranges from 5-0 years.
Book Five (Marriage and Family) of the Civil Code consolidates previous private-law legislations on marriage, adoption, and families. It distinguishes between void and annullable marriages, with void marriages include bigamy, prohibited blood kinship, and underage marriages. While marriage resulting from human trafficking are not typically considered void, it can be annulled on the ground of coercion. An application to annul the marriage must be filed within one year from the termination of the coercive activity or regaining personal freedom.
The Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children (The “Trafficking Crimes Interpretation”) defines terms and interprets rules in the Criminal Law related to trafficking in women. This interpretation guides legal practitioners in addressing recent developments in trafficking-related crimes.
