Article 246 of the Criminal Law of the People’s Republic of China (2020) specifies the penalties for those who publicly insult others, or defame others by fabricating information. In the model cases against cyberviolence and crimes released by the Supreme People’s Court on September 25, 2023, Article 246 was used as the basis for two model cases involving defamation of character and revenge porn.
Anti-Domestic Violence Law of the People’s Republic of China (2015)
On April 3rd, 1992, China adopted the Law on the Protection of Women’s Rights and Interests, which was amended on August 28th, 2005, October 26th, 2018, and, most recently on October 30th, 2022. As stated by the National People’s Congress, the amended Law seeks to implement a comprehensive national policy of gender equality. In particular, the Law’s amendments extend the scope of women’s personal and personality rights, including reproductive health rights.
This law was replaced in 2020 by the Civil Code, Book Five (Marriage and Family) (中华人民共和国民法典(第五编 婚姻家庭编) (available here). The Marriage Law of the People’s Republic of China was adopted by the National People’s Congress on September 10, 1980 and amended on April 28, 2001.
The Constitution of the People’s Republic of China was adopted by the National People’s Congress and promulgated for implementation on December 4, 1982. It has been amended several times, with the most recent amendment occurring on March 14, 2004. Article 48 provides that women and men have equal rights. It states that “[w]omen in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.
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.
On April 9, 2021, the General Office of the State Council issued the China’s Action Plan against Human Trafficking (2021-2030) in order to actively respond to the serious situation of domestic and international human trafficking crimes and effectively protect citizen’s legitimate rights and interests. The action plan, which has been formulated in accordance with relevant international conventions and Chinese laws, focuses on improving crime prevention mechanisms, combating crimes, and rescuing abducted and trafficked victims.
In March 2013, the State Council of China updated the China National Plan of Action to Combat Trafficking in Women and Children (2008-2012). The stipulated goal for this national plan is to reduce the occurrence of human trafficking and to improve the network to prevent human trafficking crimes.
In April 2021, the State Council of China updated the China’s Action Plan to combat Human Trafficking (2021-2030).
The Constitution guarantees that all citizens are equal before the law. Article 5 guarantees equality among Taiwan’s various racial groups. Article 7 states that all citizens enjoy the same rights irrespective of their sex, religion, race, class, or party affiliation. Article 22 provides that all other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.
