中国反对拐卖人口行动计划 (China National Plan of Action on Combating Trafficking in Women and Children) (2013)

Trafficking in persons

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. This national plan provides guiding opinions on various topics relevant to human trafficking, including but not limited to, cracking down on prostitution, increasing support for rural populations in low-income areas, guaranteeing nine-year compulsory education for all school-age children and adolescents, improving the protection mechanism for homeless minors, encouraging rural women to work, and encouraging the following people to find employment: people with disabilities, urban unemployed women, female college students and abducted women and trafficking victims who have been rescued.



禁止非医学需要的胎儿性别鉴定和选择性别人工终止妊娠的规定 (Provisions for the Prohibition of Non-Medical Needs for Fetal Sex Determination and Manual Termination of Pregnancy)

Abortion and reproductive health rights

The Provisions were adopted to implement the basic national policy of family planning, i.e. the “one-child policy” and to keep the sex ratio of the birth population within the normal range. Article 3 prohibits identifying the sex of the fetus for non-medical needs and to manually terminate the pregnancy because of the gender of the fetus, except for approval from the health administrative department or the family planning administrative department. Article 7 provides that if it is necessary for non-medical needs to terminate mid-term pregnancy (more than 14 weeks), an approval and corresponding certificate must be obtained from the family planning administrative department of the county-level people’s government, the sub-district office or the township people’s government. Article 7 further provides that if the fertility service certificate has been obtained and the pregnancy is terminated, the involved person shall be disciplined and educated by the family planning administrative department of the township people’s government, the sub-district office, or the county-level people’s government. The application for another birth shall not be approved until the facts are confirmed.



中华人民共和国人口与计划生育法 (Law on Population and Family Planning) (2015)

Abortion and reproductive health rights

The Law on Population and Family Planning was adopted by the National People’s Congress on December 29, 2001 and amended on December 27, 2015.  This law stipulated the national policy popularly known as the “one-child” policy. It was amended in 2015 to allow and encourage each couple to have two children. Before the amendment, Article 18 provided that the State encourages citizens to marry and bear a child at a later age, and advocates one child for each couple, except in certain conditions prescribed by laws and regulations. As a result of the amendment, Article 18 provides that the State encourages citizens to have two children. Before the amendment, Article 27 provided that couples who bear only one child voluntarily shall be issued the Honor Certificate and enjoy the awards for parents of only one child. Article 41 provides that a citizen who bears children in violation of Article 18 shall pay the social upbringing fines according to law.



中华人民共和国妇女权益保障法 (Law on the Protection of Women's Rights and Interests) (2005)

Abortion and reproductive health rights, Domestic and intimate partner violence, Gender discrimination, Property and inheritance rights

The Law on the Protection of Women’s Rights and Interests was adopted by the National People’s Congress on April 3, 1999 and amended on August 28, 2005. This Law stipulates that women have equal rights with men “in all aspects of political, economic, cultural, social and family life.” It also establishes the State’s responsibility to prevent domestic violence. Article 1 provides that “this Law is formulated to protect women’s lawful rights and interests, promote equality between men and women and allow full pay to women’s role in socialist modernization.” Article 7 provides that “[t]he All-China Women’s Federation and women’s federations at various levels shall, in accordance with the laws and charter of the All-China Women’s Federation,” uphold women’s rights and protect the rights and interests of women. Article 12 provides that the State shall “actively train and select female cadres” and “pay attention to the training and selection of female cadres of minority nationalities.” Article 23 provides that “[w]ith the exception of the special types of work or post unsuitable to women, no unit may, in employing staff and workers, refuse to employ women because of sex or raise the employment standards for women.” Article 23 also provides that “[t]he labor (employment) contract or service agreement shall not contain restrictions on her matrimony and child-bearing.” Articles 24 and 25 stipulate equal pay and equal opportunity for promotion for men and women. Article 26 provides that all units shall “protect women’s safety and health during their work or physical labor, and shall not assign them any work or physical labor not suitable to women,” and that “[w]omen shall be under special protection during menstrual period, pregnancy, obstetrical period and nursing period.” Article 27 provides that “[n]o entity may, for the reason of matrimony, pregnancy, maternity leave or breast-feeding, decrease a female employee’s wage, dismiss her or unilaterally terminate the labor (employment) contract or service agreement.” Article 45 prohibits husbands from applying for a divorce “within one year after childbearing or within 6 months after termination of pregnancy” of a woman. Article 46 prohibits domestic violence. Article 51 provides that “[w]omen have the right to child-bearing in accordance with relevant regulations of the state as well as the freedom not to bear any child.”


1992年4月3日,全国人民代表大会通过了中华人民共和国妇女权益保障法并于2005年8月28日对此法进行了修正。本法规定妇女在政治的、经济的、文化的、社会的和家庭的生活等各方面享有同男子平等的权利。本法规定了国家预防和制止家庭暴力的责任。第一条阐述了“为了保障妇女的合法权益,促进男女平等, 充分发挥妇女在社会主义现代化建设中的作用,根据宪法和我国的实际情况,制定本法。”第七条规定,中华全国妇女联合会和地方各级妇女联合会依照法律和中华全国妇女联合会章程,代表和维护各族各界妇女的利益,应做好维护妇女权益的工作。第十二条规定, 国家积极培养和选拔女干部,并有适当数量的妇女担任领导成员, 国家重视培养和选拔少数民族女干部。第二十三条规定,各单位在录用职工时,除不适合妇女的工种或者岗位外,不得以性别为由拒绝录用妇女或者提高 对妇女的录用标准。第十三条还规定,劳动(聘用)合同或者服务协议中不得规定限制女职工结婚、生育的内容。第二十三和二十四条规定了男女同工同酬和晋升、晋级等方面男女平等。第二十六条规定,任何单位均应根据妇女的特点,依法保护妇女在工作和劳动时的安全和健康,不得安排不适合妇女从事的工作和劳动,妇女在经期、孕期、产期、哺乳期受特殊保护。第二十七条规定任何单位不得因结婚、怀孕、产假、哺 乳等情形,降低女职工的工资,辞退女职工,单方解除劳动(聘用)合同或者服务协议。第四十五条规定女方在怀孕期间、分娩后一年内或者终止妊娠后六个月内,男方不得提出离婚。第四十六条禁止家庭暴力。第五十一条规定 妇女有按照国家有关规定生育子女的权利,也有不生育的自由。

中华人民共和国婚姻法 (Marriage Law of the People's Republic of China) (2001)

Divorce and dissolution of marriage, Domestic and intimate partner violence, Forced and early marriage, Gender discrimination

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. Article 2 provides that the marriage system is “based on the free choice of partners, on monogamy and on equality between man and woman.” Article 3 prohibits interference by a third party, mercenary marriage and exaction of money or gifts in connection with marriage. Article 6 provides the minimal marriage age is twenty-two for men and twenty for women. Article 13 provides that husband and wife shall have equal status in the family. Article 34 provides that “a husband may not apply for a divorce when his wife is pregnant, or within one year after the birth of the child, or within six months after the termination of her gestation.” Article 43 provides that neighborhood committee, villagers committee or the unit[1] to which the family belongs have an obligation to deter domestic violence. English version available here. 



[1] “Unit” is a term of art with strong communist connotations, which refers to the company/organization/group to which a person belongs.

中华人民共和国宪法(第四十八-四十九条)(The Constitution of the People's Republic of China (Articles 48-49)) (2004)

Employment discrimination, Forced and early marriage, Gender discrimination, Property and inheritance rights

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. The State protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.” Article 49, moreover, provides that “violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.” English version available here. 


第五届全国人民代表大会于1982年12月4日通过中华人民共和国宪法。宪法经过几次修正,其中最近一次修正发生于2004年3月14日。第四十八条规定妇女享有同男子平等的权利。第十四条规定“中华人民共和国妇女在政治的、经济的、文化的、社会的和家庭的生 活等各方面享有同男子平等的权利。国家保护妇女的权利和利益,实行男女同工同酬,培养和选拔妇女干部。” 第四十九条规定禁止破坏婚姻自由,禁止虐待老人、妇女和儿童。

Domestic Case Law

周某与杨某1离婚纠纷,江苏省无锡市中级人民法院 (In re Zhou & Yang Divorce Litigation) Intermediate People's Court of Wuxi Municipality (2017)

Divorce and dissolution of marriage, Domestic and intimate partner violence

The appellant-wife appealed to the Intermediate People’s Court of Wuxi Municipality, Jiangsu Province in relation to the lower court’s refusal to grant a divorce. The appellant alleged that her marriage with the appellee was irreparably broken and that he had committed domestic violence against her. The appellant alleged that the domestic violence was corroborated by their daughter’s testimony and photographic evidence. The court held that even though the appellee might have beaten the appellant on at least one occasion, under the legal definition, domestic violence must constitute continuous multiple-time battery rather than [one occasional][1] conduct. Since the evidence submitted by the appellant was insufficient to demonstrate that the appellee’s conduct caused harmful consequences to the appellant, the court refused to grant their divorce. The court also admonished the appellee to fulfill his responsibility as a husband and to stop his "bad habits."



[1] Note to draft: This concept is unclear.  The exact translation of the Mandarin phrase would be “one occasional conduct.” From the context of the opinion, it appears that this means that occasional conduct, even if more than once, may not be sufficient if it is not indicative of a pattern of abuse.

邓亚娟邓与北京手挽手劳务派遣有限责任公司一般人格权纠纷,北京市第三中级人民法院 (Deng v. Beijing Shouwanshou Co. Ltd.) No. 3 Intermediate People's Court of Beijing Municipality (2016)

Employment discrimination, Gender discrimination

The plaintiff sued the defendants for infringing on her equal employment rights. The plaintiff alleged that the job description for the courier position included: “Eligibility: Men.”  When Deng went for an interview, she was advised that “we never have women couriers.”  She was subsequently informed that Beijing Postal could not authorize an employment contract for her because she is female. The plaintiff requested relief of, among other things, an official apology and 50,000 Chinese yuan as compensation of for mental distress.  The court of first instance held that the defendants infringed upon the plaintiff’s right of employment equality under the People’s Republic of China’s Employment Law. The Court also rejected the defendants’ argument that the courier position fit within the statutory exceptions under “Special Regulations on Protection of Female Workers,” which prohibits female workers from working in certain fields involving heavy manual labor. The Court of first instance awarded 2,000 Chinese yuan as compensation for mental distress but denied the request for an official apology. Both the plaintiff and defendants appealed.  The Intermediate People’s Court affirmed the lower court’s determination that a courier does not fit within the statutory exceptions for positions “unsuitable for women.” The court also held that compensation of 2,000 Chinese yuan was commensurate with the damages suffered by the plaintiff, and that there was insufficient ground to require an official apology from the defendants to the plaintiff.



梁海媚与广东惠食佳经济发展有限公司、广州越秀区名豪轩鱼翅海鲜大酒楼人格权纠纷,广东省广州市中级人民法院 (Liang v. Guangdong Huishijia Economic Development Co. Ltd.) Intermediate People's Court of Guangzhou Municipality (2016)

Employment discrimination, Gender discrimination

The plaintiff sued the defendants for infringing upon her right to employment equality. The plaintiff alleged that the online advertisement posted by the defendants, to which Liang responded, required kitchen apprentices to be “men between the ages of 18 and 25.” The plaintiff further alleged that when she went to the restaurant, the receptionist informed her of the restaurant’s policy that “all employees in the kitchen should be men, even if a woman possesses the qualifications of a chef.” The plaintiff alleged that the defendants’ behavior violates Articles XII and XIII of the People’s Republic of China’s Employment Law, which provide that potential employees should not be discriminated against on the bases of ethnicity, race, sex, and religious beliefs. As relief, the plaintiff requested (1) an official apology from the defendants; (2) 21 Chinese yuan in damages for costs incurred by responding to the advertisement; and (3) 40,800 Chinese yuan in damages for emotional distress. The court of first instance held that the defendants’ actions constituted gender-based discrimination against the plaintiff. However, it found insufficient evidence for the plaintiff’s emotional distress and awarded 2,000 Chinese yuan in damages. It also denied Liang’s request for an official apology. Both the plaintiff and defendants appealed.  Relying on the explicit requirement in the advertisement and the receptionist’s explanations that the candidate be a man, the Intermediate People’s Court held that the defendants’ exclusion based on the plaintiff’s gender was unlawful and unreasonable and constituted gender-based employment discrimination. With respect to relief, the Intermediate People’s Court held that under the Supreme People’s Court’s interpretations, emotional distress normally should not be compensated in monetary terms unless there are severe consequences.  The Intermediate People’s Court held that compensation of 2,000 Chinese yuan was within the discretion of the lower court, and thus upheld the amount. The Intermediate People’s Court, however ordered the defendants to issue an official apology to the plaintiff in newspapers in the Guangzhou area.



施美丽故意杀人案,上海市崇明县人民法院 (People's Procuratorate of Chongming County v. Shi) Chongming County District People's Court of Shanghai Municipality (2014)

Domestic and intimate partner violence

On May 20, 2014, the defendant used a hammer to strike her husband’s head three times. She then asked her son to send her husband to hospital where he died. The Court found that throughout their marriage, the deceased often beat and abused the defendant. The day before the incident, the deceased beat the defendant for a long period of time. At approximately 5:30 AM the following day, the defendant, due to the history of abuse, decided to kill her husband. During the trial, multiple witnesses testified to the deceased’s long history of domestic violence. A letter signed by more than 100 people, including close relatives of the deceased, also confirmed that he had abused the defendant over a long period of time. The Court held that the defendant’s conduct qualified as murder. However, because her motive was her husband’s long history of domestic violence, the victim himself was also culpable. Because the defendant had little possibility of recidivism and because there was strong public sympathy for the defendant, the court sentenced her to four years imprisonment. She was due to be released on May 21, 2018. On August 29, 2017, Shanghai No. 1 Intermediate People’s Court ordered her release on parole.



杨江山、中国人民解放军第四五八医院医疗损害责任纠纷,广东省高级人民法院 (Yang v. China PLA Hospital No. 458) Higher People's Court of Guangdong Province (2018)

Abortion and reproductive health rights

Yang sued China PLA Hospital No. 458 for violation of his reproductive rights. The plaintiff alleged that his wife sought an abortion at the defendant-hospital and lied that she was unmarried. The plaintiff also alleged that the defendant did not meet its obligation to investigate Peng’s marital status and chose to believe Peng’s lie. The Court held that under Article 51 of the Law on Protection of Women’s Rights and Interests, “women have the right to reproduce and not to reproduce under the relevant state regulations.” Therefore, Peng’s right to voluntarily terminate pregnancy is protected by law. Moreover, according to the Supreme People’s Court’s authoritative interpretations of the Marriage Law, “courts should not support husbands’ damage claims based on infringement of their reproductive rights due to their wives’ termination of pregnancy.” Therefore, the defendant’s actions were not unlawful.



刘彩丽与张飞离婚纠纷,安徽省阜阳市中级人民法院 (Liu v. Zhang) Intermediate People's Court of Fuyang Municipality Anhui Province (2014)

Divorce and dissolution of marriage, Property and inheritance rights

Liu and Zhang held the wedding ceremony in 2009 and registered for marriage in 2011.  In order to marry Liu, Zhang paid a “bride price” of 96,080 Chinese yuan, and Liu’s dowry included a television, refrigerator, washing machine and several pieces of furniture. Liu filed for divorce in 2013, and Zhang requested Liu to return part or all of the bride price. The court found that the bride price was paid for the purpose of marrying Liu, and its payment led to difficulty in Zhang’s parents’ life after Zhang’s marriage. Thus, the court held that Liu was required to return a portion of the bride price. Considering the length of Zhang and Liu’s marriage and their standard of living during that time, the Court ordered Liu to return 32,000 Chinese yuan of the bride price. Moreover, the court found that Liu’s dowry was Liu’s personal property and Zhang had no interest therein.  Available here. 



朱朝春虐待案,武汉市中级人民法院 (People's Procuratorate of Wuhan City Hubei Province v. Zhu) Intermediate People's Court of Wuhan Municipality (2011)

Domestic and intimate partner violence

The appellant and the deceased were divorced in 2007 but continued to live as a married couple until the incident.  The appellant had a history of physical abuse. On the day of the incident, the appellant again beat the deceased with a leather belt, causing her to commit suicide. On the same day, the appellant turned himself in. The lower People’s Court held that the appellant had continuously beaten the deceased, causing her to endure physical and mental damage and commit suicide, and his actions constituted the crime of abuse. The appellant was sentenced to five years of imprisonment. Upon appeal, the Intermediate People’s Court upheld the conviction and affirmed the decision.


2007年11月,被告人朱朝春与被害人刘祎协议离婚,但仍以夫妻名义共同生活。至案发前,被告人经常因感情问题及家庭琐事殴打被害人。案发当日,被告人持皮带抽打被害人,致使被害人持刀自杀。当日,被告人投案自首。湖北省武汉市汉阳区人民法院经审理认为,被告人经常性、持续性地采 用殴打等手段损害家庭成员身心健康,致使被害人不堪忍受身体上和精神上的摧残而自杀身亡,其行为已构成虐待罪。法院以虐待罪判处被告人有期徒刑五年。武汉市中级人民法院经依法审理,裁定驳回上诉,维持原判。

唐芳故意伤害罪,四川省高级人民法院 (People’s Procuratorate of Dazhou City Sichuan Province v. Tang) Higher People's Court of Sichuan Province (2013)

Domestic and intimate partner violence

The lower court convicted the appellant of intentional assault and sentenced her to life imprisonment and deprivation of political rights for life for stabbing her cohabiting boyfriend to death. The lower court held that the defendant’s motive, frivolous arguments, constituted a crime of intentional assault.  The lower court found that the consequence of the crime was serious and that the defendant should receive a severe punishment. On appeal, the Higher People’s Court of Sichuan Province reversed the lower court’s holding, finding that (1) the appellant turned herself in and obtained forgiveness from relatives of the deceased; (2) on the day of incident, the victim had attacked the appellant first, and should bear certain responsibility. Thus, the High People’s Court reversed the lower court’s ruling and reduced the sentence to 15 years in prison and deprivation of political rights for three years. Available here.


四川省达州市中级人民法院原判认定被告人唐芳因持水果刀朝同居男友胸部捅刺数刀,致其死亡,犯故意伤害罪,判处无期徒刑,剥夺政治权利终身。原判认为,本案系婚恋纠纷引发,被告人唐芳有自首情节,并取得被害人亲属谅解,可依法从轻处罚。四川省高级人民法院认为,上诉人(原审被告人)唐芳因生活琐事纠纷,持刀致同居男 友卢某甲死亡,其行为已构成故意伤害罪,后果严重,应予严惩。鉴于本案系婚恋家庭矛盾纠纷引发,案发后唐芳有自首情节,并取得死者亲属的谅解,被害人卢某甲平时对唐芳实施家庭暴力,案发当天先殴打唐,有过错,可依法对被告人从轻处罚。法院撤销四川省达州市中级人民法院判决,即被告人唐芳犯故意伤害罪,判处无期徒刑,剥夺政治权利终身; 并判决上诉人唐芳犯故意伤害罪,判处有期徒刑十五年, 剥夺政治权利三年。

丛艳青故意杀人案,中华人民共和国最高人民法院 (People's Procuratorate of Baoding City Hebei Province v. Cong) China Supreme People's Court (2014)

Domestic and intimate partner violence, Femicide

The defendant was convicted of murder and sentenced to death for stabbing his wife (Cui) and mother-in-law (Zhao) to death, which was upheld by the Supreme People’s Court. Cui had previously filed for divorce. On October 4, 2012, the defendant got into an argument with Zhao and Cui. The defendant chased Zhao out of the house and stabbed her to death. The defendant then caught up with Cui, who had run to a neighbor’s house for help, and stabbed her to death. The Supreme People’s Court affirmed the lower courts’ finding that the defendant was guilty of unlawfully depriving others of their lives, which constituted intentional homicide. The Supreme People’s Court upheld the death penalty, holding that the defendant’s killing method was cruel and the consequences were particularly serious, and thus the death penalty was the appropriate sentence according to the law.



Jiangsu Province v. Erming Wang People’s Procuratorate of Quning District Court (2014)

Domestic and intimate partner violence

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.

杨恩光、李文建等拐卖妇女案, 云南省红河哈尼族彝族自治州中级人民法院 (Yunnan Province v. Enguang Yang, Wenjian Li) People’s Procuratorate of Honghe Harniyizu District Court (2014)

Forced and early marriage, Sexual violence and rape, Trafficking in persons

The defendants Yang and Li trafficked 17 Vietnamese women who were prostitutes in Vietnam to Yunnan Province, China. Yang and Li pretended to be clients and brought the women to hotels and restaurants where they kidnapped the women and transported them to China. The defendants offered the women to villagers in remote rural area of Yunnan Province, China and forced the women to marry buyers by force or threats. Under Article 48 and Article 240 of Criminal Law of the People’s Republic of China, the two defendants were sentenced to the death penalty and their private property was confiscated by the court. The women were provided with assistance to return to Vietnam.



福建林某某、楼某某强制污辱妇女案,福建光泽县人民法院 (Fujian Province v. Lin, Lou) People’s Procuratorate of Guangzhe District Court (2013)

Gender discrimination, Gender violence in conflict, Gender-based violence in general, Sexual harassment

In 2013, a teenage girl name Lin gathered two other girls to get revenge on another girl, C., at Guangze senior high school, Fujian Province, for insulting her. C. hid and so their plan for revenge was unsuccessful. Later that day, Lin asked someone else to take C. to a quiet neighborhood. Lin and her friend slapped C.'s face, broke her nose, pulled her hair, and made C. take off all her clothes. C. was too frightened to say no and took off all her clothes. Lin and her friend took pictures of the naked C. and shared the photos. Guangzhe District Court found that Lin and her friends assaulted the victim C. According to Article 237, Criminal Law of the People’s Republic of China, Lin and her friend were convicted of humiliating a woman with force and coercion. Lin was sentenced to two-years’ imprisonment, with a full suspension of the sentence. Lin’s friend, Lou, was sentenced to one-year jail time with a full suspension of the sentence. The court said that because both the defendants and the victim were under age of 18, and because the defendants were willing to cooperate with the police, tell the truth, and plead guilty, the court under Article 63, Article 67, Article 72, and Article 73 of Criminal Law of People’s Republic of China to give the two defendants a mitigated punishment of community service. The court demanded that the defendants delete all the naked photos of the victim. After the crime, the defendants’ families compensated the victim and the victim forgave the defendants.


2013年,被告人林某某认为其被陈某某辱骂,纠集楼某某、 黄某某(均为未成年女性),到福建省光泽县某中学找该校学生陈某某(女, 未成年)欲行报复。因陈某某警觉躲藏,林某某等人寻找未果。当日晚, 林某某通过他人将陈某某约出并带到光泽县某超市后面的巷子里。

林某某与楼某某先后对被害人实施打耳光、拉扯头发等殴打行为,致使被害人鼻子流血, 并叫被害人“把衣服脱光”。陈某某因害怕哭泣而不敢反抗,遂将衣裤脱光。林某某与楼某某及在场的另二名女学生对被害人围观取笑。其间楼某 某使用手机对陈某某的裸体拍摄了十余张照片并将照片传送给他人。法院经审理认为,被告人楼某某、林某某伙同他人聚众以暴力方法强制侮辱妇女,根据中华人民共和国刑法第二百三十七条,其行为已构成强制侮辱妇女罪。法院院综合考虑被告人作案时均不满十八周岁,主动归案并如实供述犯罪事实,根据刑法第六十三、六十七、七十二和七十三条,决定依法对被告人减轻处罚并适用缓刑。以强制污辱妇女罪判处林某某有期徒刑二年,缓刑二年;判处楼某某有期徒刑一年,缓刑一年。 法院要求被告人删除被害人裸照。被告人家庭案发后积极赔偿并取得对方谅解。

蓝树山拐卖妇女、儿童案、最高人民法院 (People’s Procuratorate of Hechi City Guangxi Province v. Lan Shushan) Supreme People’s Court of PRC (2014)

Trafficking in persons

The defendant Lan Shushan was charged of the crime of trafficking women and children for trafficking one woman and 34 children. Throughout 1988 to 2008, the defendant Lan Shushan independently and with his colleagues Tan Ruxi etc trafficked one woman and 34 children to Fujian Province, and traded them for money with the help of accomplice Lin Chuanxi, Su Ermei etc. Lan Shushan benefited approximately RMB 500,000 from the transactions. According to Article 240 section 1 & 2, the ring leader of a large scale trafficking shall be sentenced to death penalty. Thereby, Lan was convicted and sentenced to death by the Appellate Court of Hechi City. Lan appealed to the Supreme Court of Guangxi Province and the judgment is affirmed. The Supreme People’s Court of PRC reaffirmed decision and approved Lan’s death.



Liu v. Zhu Court of Huilai County, Guangdong Province (2013)

Divorce and dissolution of marriage, Sexual violence and rape, Sexual harassment

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. Several days later, the respondent Zhu proposed since the son is too naughty and needs his mother to look after him, it is better that Liu came along. Liu came and Zhu’s little brother asked Liu to marry Zhu, and they will pay her 100,000 as gift, but Liu need to take care of Zhu. Liu agreed. After the wedding, Liu found out the respondent was disabled and sit on a wheelchair, having no sexual capability. However, the respondent kept sexually harassing the plaintiff. Plaintiff argued that she was cheated to get married, and Zhu lacks sexual ability, therefore she sued for divorce. The court finds that although the marriage is facilitated by a matchmaker, the two have lived together for many years and have developed some feelings for each other. Plaintiff’s arguments are not supported by any evidence, thus are not considered by the court.

People’s procuratorate of Nanjing City Jiangsu Province v. Ji Xingpeng Supreme Court of Jiangsu Province (2014)

Domestic and intimate partner violence

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. Intermediate People’s Court of Nanjing City found that the act of the defendant constituted intentional homicide, and therefore decided a death penalty with two-year’s probation. The victim’s parents appealed that as for the civil suit collateral to criminal proceedings, more compensation shall be made. The Supreme Court of Jiangsu Province finds that the appellants did not provide any evidence for their claims, therefore the decision of the lower court is affirmed.

Wang v. Luo Court of Chaling County, Hunan Province (2013)

Divorce and dissolution of marriage, Domestic and intimate partner violence

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. The court found that since the respondent did not show up at the trial, the plaintiff could not prove the authenticity of the evidence. According to Article 32 of Marriage Law, the prerequisite of a divorce judgment shall be the certainty of the loss of affection between the couple. Since the plaintiff could not prove such certainty, the divorce was not allowed.

郭晶与杭州市西湖区东方烹饪职业技能培训学校一般人格权纠纷,杭州市西湖区人民法院 (Guo Jing v. East Cooking Vocational Skills Training School) West Lake District Court of Hangzhou (2014)

Employment discrimination, Gender discrimination

The plaintiff alleged that in June 2014, she saw the recruiting advertisement of the respondent on the Internet, knowing that the respondent want to recruit two copywriters. Guo submitted her resume accordingly. However, Guo has not got reply since then. With the certainty that she is capable of the position, Guo called the School, asking about the job. Guo was told that since the position requires many business trips, only male can be considered. Guo emphasized that she can adjust to those business trips but was still refused by the same reason. Guo therefore brought this lawsuit on the basis that the respondent’s action is in violation of Article 3 of Employment Promotion Law of the People's Republic of China, which requires that “Workers shall be entitled by law to enjoy the right to equal employment and to seek their own employment. No worker seeking employment shall suffer discrimination on the grounds of ethnicity, race, gender or religious belief.” The respondent argues that because of the specialty of the position, the copywriter should live in the same room with the president of the school, all of whom are male, while during the business trips. It is out of the consideration and care to the plaintiff that they did not recruit her. The court finds that since the respondent did not provide any evidence to prove the specialty of the position and the legal reasons for the unsuitability of female worker, it violates the accorded rule: Article 3, 12, 13 of Labor Law, which states “Labourers shall have equal right to employment and choice of occupation”, “Labourers, regardless of their ethnic group, race, sex, or religious belief, shall not be discriminated against in employment”, “Women shall enjoy the equal right, with men, to employment”.



Zhao Fei, Yang Fang v. Cao Yin, Cao Chaoran, Luo Shihui etc. Hechuan District Court, Chongqing (2014)

Sexual violence and rape, Femicide

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. The plaintiff alleged that after Cao Yin’s death, his successors first in order shall be responsible for the damages caused. The plaintiff also sues against the Tap Water Company for their lack of due diligence. The court finds that, among the four respondents, all of whom are the successors first in order of Cao Yin, Cao Chaoran and Luo Shihui clearly quit their right of inheritance. Therefore, only the other two are responsible.

Economic Cooperatives of Yongxinnansha Shares v. Subdisctrict Office of Chancheng District of Foshan City Intermediate Court of Foshan City, Guangdong Province (2014)

Gender discrimination, Harmful traditional practices

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. The trial court finds that according to Article 61, section 3 of Law of the People's Republic of China on the Organizations of Local People's Congresses and Local People's Governments, Article 27, 36 of Law of the People's Republic of China on the Organization of the Villagers Committees; and Article 4 of rural collective economic organization regulation of Guangdong Province, the distribution of rural collective property shall not violate other laws and regulations of China, and shall not infringe other people’s legal rights. Article 15 of the Stockholding Article is in violation of the equal right of women and therefore invalid. The intermediate court affirmed the judgment.

王传宝与瞿勤晨强奸案,安徽省天长市人民法院 (People’s Procuratorate of Tianchang City Anhui Province v. Wang Chuanbao, Qu Qinchen) People’s Court of Tianchang (2014)

Sexual violence and rape, Statutory rape or defilement

The defendants Wang Chuanbao and Qu Qinchen were charged of crime of rape for repeatedly raping the victim, and crime of coercive indecency for violently digging and touching the victim's genitals. The prosecutor alleges that according to Article 25 section 1, Article 236 section 1 and Article 237 section 1 of Criminal Law of PRC, Chuanbao and Qinchen raped and molested the victim “with violence or threats”, constituting the crime of rape and coercive indecency. Chuanbao argues that he did not have sex with the victim, and all the evidences are hearsay evidence, thus is not guilty. Qinchen argues that he did not commit the crime of coercive indecency because taking off the trousers of the victim is to have sex with the victim. After the victim refused to do so, Qinchen stopped raping her and has no mens rea to molest her. The court finds that the fact the Chuanbao and Qinchen raped the victim had also been proved by the testimony of Qinchen’s girlfriend, one of the witnesses, therefore is founded. The act of coercive indecency is regarded as absorbed by the act of rape and thus would not be convicted separately under this crime.


被告王传宝与瞿勤晨因多次强奸被害人王某并暴力扣摸王某的生殖器被控强奸罪和强制猥亵罪。检方称,根据中华人民共和国刑法第二十五条第一款、第二百三十六条第一款和第二百三十七条第一款,王传波与瞿勤晨使用暴力和威胁手段强奸并猥亵了王某,构成了强奸罪和强制猥亵罪。王传宝称,自己并没有和王某发生性关系,所有证据均系传来,自己并没有犯罪。 瞿勤晨称,自己并没有犯强制猥亵罪,因为脱下王某的裤子是为了与王某发生关系。在王某拒绝后,曲停止了强奸行为,并且没有猥亵王某的犯罪意图。法院认为,王传宝与瞿勤晨强奸王某的事实已被曲的女友证实,因此事实确凿。强制猥亵的行为应包含在强奸行为内,因此不应另外定罪。

李某强奸案,浙江省瑞安市人民法院 (People’s Procuratorate of Ruian City Zhejiang Province v. Li) Intermediate People’s Court of Wenzhou (2014)

Sexual violence and rape

The defendant was charged of crime of rape for raping the victim, Z. The defendant got to know Z. through wechat, a social app, three weeks before he asked her out for dinner. After Z. was drunk, the defendant took her to a hotel and had sex with her. The trial court found the defendant guilty. The defendant appealed, arguing that he and Z. were in a relationship and there was no evidence that Z. was drunk that night. He also claimed there was doubt about the examination of the sample collected from Z. and therefore it should not be used as evidence. Furthermore, the defendant claimed to have nephrosis making him unable to have an erection, so therefore he could not possibly rape Z. The appellate court found that the rape was proved by not only the sample, but also witness testimony, video recording, and a victim statement. There was no evidence showing that the defendant and Z. were in a relationship. Finally, according to an expert’s opinion, nephrosis would not have effect on sexual erection. Therefore, the conviction was affirmed.


李某因在张某醉酒时强奸张某而被控强奸罪。李某与张某在微信社交软件上认识,李某于三周后邀请张某一起吃晚饭。在张某喝醉后,李某将其带去一家酒店并与其发生了性关系。基层法院判决李某犯强奸罪。李某上诉称,自己和张某正在交往,并且没有任何证据证明张某当晚醉酒。 从张某生殖器取得的样本检测存疑,因此不能用作证据。另外,李某患有肾病并且不能勃起,因此不可能强奸张某。法院认为,强奸事实不仅由检测结果证实,也由证人证言、录像和被害人陈述证明,因此事实可信。没有证据证明李某和张某正在交往。并且,根据专家证词,肾病不影响勃起功能。因此,法院维持了李某强奸罪的原判。

胡石明、胡锦林、水贝组织他人偷越国(边)境案,江西省高级人民法院 (People’s Procuratorate of Nanchang City Jiangxi Province v. Hu Shiming, Hu Jinlin, Shui Bei) Supreme People’s Court of Jiangxi Province (2014)

Trafficking in persons

The defendants Hu Shiming, Hu Jinlin and Shui Bei were charged of crime of organizing sneak across the border for trading three Cambodian women to China. One of the defendants, Shui Bei was introduced and married to defendant Hu Jinlin after she entered China under tourist visa. Shui Bei’s families got to know her good living condition and wished to married someone in China. Therefore, Hu Shiming and Hu Jinlin paid for the visa fee of three sisters of Shui Bei, got them in through Guangzhou custom, and advertised them for marriage. Soon after that, Hu Shiming and Hu Jinlin introduced the three to local persons at the will of both sides and took approximately RMB 240,000 in return. Shui Bei was the interpreter during the transaction. The trial court finds that according to Article 318 Section 1 of the Criminal Law of PRC, the defendants organized several foreign women to do things inconsistent with the approved visa, making up the reason to apply for visa, for the purpose of profit-making, which constituted the crime of organizing sneaking across the border. Hu Shiming appealed and alleged that according to Article 6 Section 4 of Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues Concerning the Application of Law in the Handling of the Criminal Cases of Obstructing Border (Frontier) Control, crossing the border with certificates taken by faking reasons for crossing the border, hiding identity, illegally using others’ ID cards etc, shall be regarded as the act of sneaking across the border. All three requirements need to be satisfied, instead of selectively satisfied. The Supreme Court finds that according to the rationale of law interpretation, the three requirements are selective. Therefore the decision is affirmed.