The 18th National Congress of the Party、After the 19th National Congress，The 20th National Congress will once again "adhere to the basic national policy of men and women，Protection of women and children's legitimate rights and interests "is written into the party congress report，fully reflects the high attention of the Party Central Committee with Comrade Xi Jinping as the core，Open the new journey of the development of Chinese women's cause。To implement the 20th spirit，October 30, 2022，The 37th meeting of the 13th National People's Congress was revised and passed the new "Women's Rights Protection Law"。This amendment is a comprehensive comprehensive by the legislature under the guidance of the 20th spirit of the law、System revision，It is the 20th National Congress report "Enhance the legislative systemic、Publicity、Collaborative、Time Effective Practice。

This year is the 30th anniversary of the implementation of the Women's Rights Protection Law。For 30 years，"Women's Rights Protection Law" follows the protection of women's legitimate rights and interests、Legislative purpose of promoting equality between men and women，I have made important contributions to the development of our women's cause。But the rapid changes in society have brought many new challenges to the protection of women's rights and interests，Since entering the new era，The party and the country have proposed a new for the protection of women's rights and interests、higher requirements。The legislation caused by the legislative idea of ​​"should be rough or not" was too general、Abstract、Vague，Lack of operational disadvantages are becoming increasingly appearing，This amendment can be described as just right。"Women's Rights Protection Law" adds 25 news、Delete 3、Non -made Bet365 lotto review changes are only 8，More than 200 parts of local modification，Involved in legislative concept、architecture、System rules at all levels，Reflected distinguished problem orientation and strong humanistic care，It will definitely promote the comprehensive development of women、A new journey of escort women provides a solid guarantee for the rule of law。

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The newly revised "Women's Rights Protection Law" includes "promoting the comprehensive development of women" into legislative purpose，Promoting the "Protection of Women's Rights and Interests" from the right to protect the position of women's weakness to the right to promote the development of women's comprehensive development，It is a major update in the legislative concept。and "Guarantee the legitimate rights and interests of women、Promoting the equality of men and women "focuses on women's past and current situations，Different status aimed at changing women's disadvantaged groups，"Promote the comprehensive development of women" will target the future development of women，It aims to shape women's complete personality image。As a legislative purpose，"Promote the comprehensive development of women" runs through the entire law，Many measures in the new law directly reflect the idea of ​​promoting the comprehensive development of women，Provides a strong institutional guarantee for the realization of this legislative purpose。These measures include: formulating and organizing the implementation of the Chinese women's development outline by the State Council and incorporating them into the national economic and social development plan to promote the comprehensive development of women in various fields (Article 5); Work responsibilities (Article 6); requiring the state to take measures to support the growth of women's talents (Article 15); ensure that women have the right to accept the right to accept middle and high education (Article 37); create conditions for women's lifelong learning (Article 39。

　　The architecture is more scientific 

1 is to migrate "personal rights" from Chapter 6 bet365 live casino games of the Old Law to Chapter 3 of the New Law，The first place in non -political rights，At the same time, the chapter name is changed to "personal and personality rights"。The change in this structure will produce two aspects: on the one hand，Move from Chapter 6 of the Old Law to Chapter 3 of the New Law，Realized the leap in the system position of personal and personality rights in the "Protection Law of Women's Rights"，shows the value advantage of personal and personality rights and the attention of legislators; on the other hand，Refers from "personal rights" to "personal and personality rights"，further highlights the important position of personality rights，enriched the type of personality rights in the "Protection of Women's Rights and Interests"，helps to achieve the shaping of women's complete personality image。

Second is to separate relief measures from legal responsibilities as a separate chapter，and rich and perfect。No relief is no right。Completion of relief measures，To a large extent, the level of women's rights protection level is determined。The more relief methods、The lower the cost、The higher the efficiency，Rights relief, the more fully the right to be。The newly revised "Women's Rights Protection Law" specifies relief measures in the form of special chapters，Further clarify the subject of responsibility，Greed the relief channel，Improving the relief measures，State organs under the leadership of the party、Social groups and individuals such as citizens and other parties，Administrative Relief、Multiple means such as judicial relief and social relief，Public interest litigation and private interest litigation two complaints of the relief pattern of two complaints，Reinforced by women's rights and interests。

　　The system rules are more complete 

The newly revised "Women's Rights Protection Law" has made profit or loss changes on the old law on the basis of summing up practical experience，Delete the outdated regulations，Refined abstract regulations，Missing Regulations for Supplement，Reflected distinguished problem orientation and bet365 live casino games strong humanistic care。

First, the overallness of the order of legal order、Sub -sex departure，Properly handle the "Women's Rights Protection Law" and the system of the system of other laws，Delete the provisions of the old law and conflict with other legal conflicts，Unification of effective maintenance of the order。Old Law Article 42 Establish a limited condition for "profit for profit" without permission，The product of the legislation of the "General Principles of the Civil Law，This rule has been abandoned by the Civil Code。For this，The new method deletes the "for profit -oriented" restrictions，Avoid contradictions between law，Maintaining the unity of the order of French。

The second is abstraction in the old law、Vague regulations should be specific、Clearly，Improve the operability and execution of the law。such as，Article 40 of the Old Law stipulates that "prohibit sexual harassment on women。Victim women have the right to complain to the unit and relevant agencies "。But this provision is too general，Basically does not have operability in reality，It is difficult to play the specified function that should be played。As a result, the rights protection of the victim's woman in the practice of sexual harassment in practice is extremely difficult，Even in the "trap" of rights protection of rights protection，If you are not careful, there will be a paradox phenomenon from the rights defendant to the infringer。In view of this，New Law 23、24、25 refinement of sexual harassment regulations，listed the main form of sexual harassment，Clarified the timely processing and written reply obligations of the acceptance agency for acceptance，Refined the obligation to prevent and control the school and employers on campus sexual harassment and workplace sexual harassment，Clarified the protection obligations of the relevant unit's privacy and personal information of the victims。These regulations have greatly improved the operability and execution of the law，bet365 live casino games Difficulties in improving sexual harassment、Promoting the unit from negative viewers from sexual harassment prevention to active participants is of great significance。

Another example，Old Law Article 23 stipulates that "When all units are hiring employees，Except for the work or position of not suitable for women，Do not refuse to hire women on the grounds of gender or improve the standards for employment on women "。But this rule is too general and abstract，Difficult to play behavior guidance function，Gender -based employment discrimination in practice is still repeatedly banned。Legislators will "not suitable for women's work or position" as an exception of gender -based differential treatment，The meaning is to give women special protection。But as an uncertainty concept，It has unclear connotation、Features of unknown extension，Coupled with the determination of the subject, the subject is unclear、The basis for identification is unknown，It not only fails to play the role of legislators' expectations，Instead, it is reduced to shame for employers to implement gender discrimination。In view of this，Article 43 of the New Law abandoned the legislative mode of the use of general clauses for the general terms，Instead of adopting the legislative mode of "specific listing+regulations"。first lists the behavior that the employer is prohibited from taking the recruitment process，Then avoid hanging a leak through the regulations at the bottom。，The new law also limits the exception to the national regulations，Avoid employers from using exceptions as an excuse and guise for gender discrimination。

Third is the pain point for the protection of women's rights and interests、Difficulty Questions，Created a number of new systems、New Rules，enhanced the response and time limit of legislation。such as，Article 23 stipulates the written notification obligations of the acceptance of sexual harassment complaints for the process of handling the results，It aims to bet365 live casino games respond to response to sexual harassment complaints in practice and not handled、Phenomenon of Shi Shenhai，Make sure that there is an echo of sexual harassment complaints; Article 29 adds a personal safety protection order，It aims to provide emergencies for women who have encountered violations of personal safety in emotional disputes or facing realistic dangers，Make women from fear and damage，Weaving、Weaving Women's Personal Protection Network; Article 48 stipulates that labor (employment) contract expiration date is during maternity leave，Contract to the end of the date to the end of maternity leave，Shrdening to resolve the conflict between maternity leave and labor (employment) contract expiration，Avoid maternity leave into "paper welfare"，Ensure that "maternity leave is not false"; Article 21 stipulates fertility surgery、Special inspection、Special treatment During the conflict between women and family members of women and family members, women's wishes are preferred，It aims to respect the right to independent decision of women patients; Article 77 stipulates the prosecutor's public interest litigation system when women's rights and interests harm the public interest，The scale effect of the public interest litigation aims to use the public interest litigation，Make up for private benefits for relief weakness、Status of insufficient deterrent。

Fourth is to emphasize the special needs of women，Highlight the special protection of women，Reflected bet365 live casino games strong humanistic care。such as，Article 31 stipulates that units shall regularly arrange physical examinations for gynecological diseases，reflects the special care of women; Article 34 stipulates that the government is planning、When building infrastructure, it is necessary to be equipped with public toilets and maternal and baby rooms that meet the needs of women，Solving the embarrassment and uncertainty of women; Article 44 stipulates that the labor contract of the unit and the female bet365 Play online games employee should include the special protection clauses of female employees，Created the "format clause" that protects the right of the weak "。The aforementioned regulations on women's special protection，Covering the special needs of women based on physiological gender in a special physiological period，It reflects the special consideration of legislation based on more humane sexual gender。

　　(Author Unit: School of Law of Ocean University of China)