China

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101
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女职工劳动保护特别规定 (Special Rules on the Labor Protection of Female Employees 2012)

On April 28, 2012, the State Council of China issued the Special Rules on the Labor Protection of Female Employees (the “Rules”). These Rules aim to reduce and address the difficulties encountered by women at work due to sex-based physical differences and to protect women’s health. The Rules require employers to improve the labor safety facilities and reduce health concerns.

Economic Cooperatives of Yongxinnansha Shares v. Subdisctrict Office of Chancheng District of Foshan City

In 2012, the plaintiff claims their shareholder status in Nansha economic cooperative, and alleged the local subdisctrict office to affirm their qualification. The subdisctrict office affirmed and granted certificate. Nansha economic cooperative thereby sued the Subdistrict office for its administrative decision. Nansha alleged that according to article 15 of the Article of Stockholding of the Precinct of Yongxin: women married before December 31, 1992 shall be regarded as “out-married” women and shall not be given the right to share dividends, nor their shareholder qualification.

Jiangsu Province v. Erming Wang

The defendant Wang “bought” a woman with intellectual disabilities for RMB 10,000 to have a male heir. Wang chained her feet and hands and raped her several times. The imprisonment and rape lasted for two months until police rescued her. Quning District Court, Jiangsu Province found that defendant Wang trafficked the woman, imprisoned, and raped her. Therefore, according to Article 236 section 1 and Article 238 section 1 and Article 240 of Criminal Law of the People’s Republic of China, Wang was sentenced to 10 years’ imprisonment.

Liu v. Zhu

The plaintiff Liu alleged that she had a illegitimate son with a Yang when she was working in Sichuan province. Soon after that, she was having another child with a Chen. Since Chen was not going to perform his duty as a father, Liu decided to give birth to the child and raise it herself. Several months later, Liu’s first son, Yang was introduced by a matchmaker to the respondent as an adopted son. Out of the strait situation Liu faces, she agreed.

People’s procuratorate of Nanjing City Jiangsu Province v. Ji Xingpeng

The defendant Ji Xingpeng, husband of his 22 year-old wife, was charged of crime of intentional homicide for murdering his wife. The couple were married in 2012. Every since then, defendant was doubtful about his wife’s loyalty to him and thought she has affairs with other persons, therefore he always beat his wife after drunk. On a night in 2013, Ji was drunk again and quarreled with the victim. Holding a knife, Ji hacked and poked the wife more than ten times, causing his wife die immediately.

Wang v. Luo

The plaintiff alleged that she married the respondent in 2012 and had a son in the same year. However, the respondent is a male chauvinist and has a very bad temper. He often maltreated the plaintiff. Especially during the plaintiff’s pregnancy, the respondent urged the plaintiff to have an abortion. The abortion was not carried out only because they had no money at that time. Therefore, the plaintiff sought a divorce and to submit an Agreement of divorce to the court.

Zhao Fei, Yang Fang v. Cao Yin, Cao Chaoran, Luo Shihui etc.

In 2012, the deceased respondent, Cao Yin cheated the deceased victim, Zhao Jing, to a Tap Water Company for interview, and arranged Zhao to start to “work”. On the next day, Cao tied Zhao up and brought her to the duty office of the company, forcing her to have sex with him. After that, afraid of being caught, Cao killed Zhao. Cao was caught finally by the police. In 2013, Cao was sentenced to death by First Intermediate Court of Chongqing. The judgment has been affirmed by the Supreme Court of Chongqing and Supreme Court of PRC. Cao has been executed.

《中国妇女发展纲要2021-2030》(The Outline for Women’s Development in China (2021-2030))

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.

《广东省实施<中华人民共和国妇女权益保护法>办法》(Implementing Measures of the Law of the Protection of Women’s Rights and Interests in Guangdong Province)

This is legislative outcome in Guangdong Province represents the local implementation of the national law. It encompasses six key aspects of protections: political rights, cultural and educational rights, labor and social security rights, property and interest, rights of the Person, and rights in marriage and family. Noticeably, this legislation addresses the employment discrimination against women in the private sector. Additionally, it also disqualifies discriminatory practices in rural communities against women.

《深圳经济特区性别平等促进条例》(Gender Equality Promotion Ordinance of Shenzhen Special Economic Zone)

The Gender Equality Promotion Ordinance is a “workaround” measure within Shenzhen Special Economic Zone. This means that the local workaround rule, like the Ordinance, takes precedence in situations where it conflicts with national legislation, administrative regulations, or provincial legislation within the jurisdiction of the Shenzhen. The Ordinance, attempting to create women-friendly communities in Shenzhen, is an innovative “workaround” in three ways.

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