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21 J. Hum. Rts. 553 (2022)
Improvement of Legislation System of Protecting Women's Rights and Interests in China - Taking the Amendment of the Law of the Protection of Women's Rights and Interests as an Opportunity

handle is hein.journals/jrnlhmch21 and id is 556 raw text is: THE JOURNAL OF HUMAN RIGHTS VOL. 21 NO. 3 JUNE 2022 Improvement of Legislation System of Protecting Women's Rights and Interests in China Taking the Amendment of the Law on the Protection of Women's Rights and Interests as an Opportunity CAO Weiwei* Abstract: The Law on the Protection of Women's Rights and In- terests has been amended twice since it was promulgated 1992, and it has fbrmed a relatively complete legislation system together with relevant laws and regulations, accumulating experience of judicial application in practice. In the current proposed amendment of the Law on the Protection of Women's Rights and Interests, the main issues that should be considered are: First, the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women's Rights and Interests, in terms of protection, practice and foundation. Second, it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text. Third, it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women's personal, prop- erty, and social rights and interests. Fourth, it should strengthen the systematic interaction with other norms at different levels and imple- ment the principle of gender equality stipulated in the Constitution of the People's Republic of China. Fifth, attention should be paid to the necessity of invoking the Law in judicial practice, the possibility of op- eration and the effectiveness of enforcement. The proposed amendment of the Law on the Protection of Women's Rights and Interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women's rights and interests and the implementation of gender equality in the new era. Keywords: protecting women's rights and interests * Law on the Protection of Women's Rights and Interests * legislation system + amendment of the law * CAO Weiwei ( Ti ih ), Professor, Law School, Hunan University.

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