Regulations of Shanghai Municipality on the Protection of Women's Rights and Interests

english.shanghai.gov.cn

Regulations of Shanghai Municipality on the Protection of Women's Rights and Interests

(November 23,2022)

No.140

(Adopted at the 46th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on November 23, 2022)

Chapter I  General Provisions

Article 1 With a view to protecting women's legitimate rights and interests, promoting gender equality and women's all-round development, giving full play to women's role in comprehensively building a modern socialist country, and upholding the core values of socialism, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Women's Rights and Interests and other laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2 The state organs, public organizations, enterprises and institutions, grassroots self-governing organizations of a mass nature, as well as other organizations and individuals within the administrative area of this Municipality shall abide by these Regulations.

Article 3 This Municipality implements the basic state policy of gender equality. Women enjoy equal rights with men in all aspects of political, economic, cultural, social and family life. Protecting women's legitimate rights and interests is the common obligation of the whole society.

This Municipality shall take necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit exclusion and restriction of women from enjoying and exercising all rights and interests according to law. This Municipality shall protect the special rights and interests enjoyed by women according to law.

This Municipality shall take effective measures to provide necessary conditions for women to exercise their rights according to law, gradually improve various systems, and ensure that men and women enjoy the same opportunities, access to the same resources and achieve equal development.

Article 4 This Municipality upholds the fine tradition of the women's movement in Shanghai, inherits the red gene, guides women to develop the spirit of patriotic dedication, gives full play to women's enthusiasm, initiative and creativity, showcases the elegance of women in the new era, and promotes the high-quality development of women's cause.

This Municipality gives full play to the role of women in economic and social construction, social life and family life, and supports women to make achievements like heroines based on their own posts, and actively participate in social governance and neighborhood public affairs.

Women are encouraged to have self-esteem, self-confidence, self-reliance and self-improvement, and to protect their legitimate rights and interests by law.

Article 5 We shall uphold the leadership of the Communist Party of China over the protection of women's rights and interests, and establish a working mechanism for the protection of women's rights and interests that is led by the government, coordinated by all parties and involving the public.

People's governments at all levels shall attach importance to and strengthen the protection of women's rights and interests.

The working committees on women and children established by the municipal and district people's governments are responsible for organizing, coordinating, guiding and urging the departments concerned in their respective administrative areas to ensure the protection of women's rights and interests.

The relevant departments of education, civil affairs, finance, public security, judicial administration, health, human resources and social security, medical security, market regulation, cyber space, economic informatization, housing and urban &rural construction management, transportation, agriculture and rural areas, greening and city appearance and statistics shall, within their respective functions and responsibilities, shall ensure the protection of women's rights and interests.

Article 6 The municipal and district people's governments shall establish a working committee for women and children, with an administrative organ under it, and shall be equipped with full-time staff and guaranteed funds for its work.

Town/township people's governments and sub-district offices shall set up working committees for women and children, which shall be staffed and be provided working funds.

Working committees for women and children at various levels shall organize the implementation of these Regulations and perform the following functions and duties:

1. organize the publicity of the basic state policy of equality between men and women and the laws, rules, regulations, and other normative documents concerning the protection of women's rights and interests, and inspect and supervise the implementation of the relevant laws, rules, regulations and other normative documents;

2. coordinate and promote major issues concerning the protection of women's rights and interests, and participate in the enactment or amendment of local rules, government regulations and other normative documents concerning major issues of women's rights and interests;

3. coordinate and guide relevant departments to ensure the protection of women's rights and interests;

4. urge relevant departments to investigate and punish acts infringing upon women's rights and interests according to law; and

5. other functions and duties to be performed by the Working Committee on Women and Children.

Article 7 The municipal and district people's governments shall, in accordance with the Program for the Development of Chinese Women, formulate and organize the implementation of the plans for the development of women in their respective administrative areas, incorporate them into the national economic and social development plans, include the funds required for the protection of women's rights and interests into their budgets at the corresponding levels, and establish a guarantee mechanism commensurate with the level of economic and social development.

All departments concerned shall, within the scope of their respective functions and responsibilities, do a good job in implementing, monitoring and evaluating the plans for women's development.

Article 8 Women's federations shall give full play to the role of a bridge and bond of the Party and the government with masses of women, practice the major concept of whole-process people's democracy, and consolidate and expand the mass base of women, shall represent and safeguard the interests of women of all ethnic groups and all walks in accordance with laws, rules and articles of association, and do well in safeguarding women's rights and interests, promoting gender equality and all-round development of women.

Trade unions, Communist Youth League organizations, disabled persons' federations and other mass organizations shall, within the scope of their respective work, do a good job in safeguarding women's rights and interests.

This Municipality supports and encourages social organizations to provide specialized and personalized services for women.

Article 9 This Municipality shall establish and improve the system of statistical investigation on women's development, improve the index system of gender statistics and monitoring, and regularly carry out statistical investigation and analysis on women's development and on the protection of their rights and interests. The Municipal Working Committee on Women and Children shall, together with relevant departments, issue gender statistical reports on a regular basis while other relevant departments shall provide gender statistical information.

Article 10 This Municipality shall establish and improve the gender equality consultation and evaluation system, and carry out social consultation and evaluation of the local laws, government regulations and other normative documents concerning women's rights and interests.

When enacting or revising local rules, government regulations and other normative documents concerning women's rights and interests, relevant organs shall solicit the opinions of women's federations, take full account of women's special rights and interests, and carry out gender equality assessment when necessary.

Article 11 This Municipality shall take the protection of women's legitimate rights and interests and the promotion of gender equality as an important matter in the overall promotion of urban digital transformation, and strengthen the application of digital scenarios in women's work.

Article 12 This Municipality shall incorporate the basic state policy of equality between men and women into the national education system, carry out publicity and education, and enhance the awareness of equality between men and women in the whole society.

State organs, mass organizations and grassroots self-governing organizations of a mass nature shall carry out publicity, education and public welfare activities to protect women's legitimate rights and interests.

News media shall carry out public welfare publicity on gender equality and on protection of women's legitimate rights and interests and strengthen supervision by public opinions.

This Municipality shall commend and award organizations and individuals that have made outstanding achievements in protecting women's legitimate rights and interests in accordance with relevant provisions.

Chapter II  Political Rights

Article 13 This Municipality shall ensure that women enjoy equal political rights with men. Women have the right to participate in the administration of state affairs, economic and cultural undertakings and social affairs through various channels and in various forms in accordance with the law. Women and women's organizations shall have the right to put forward opinions and suggestions on the protection of women's rights and interests to state organs at various levels.

Article14 Residents and villagers committees shall organize women to participate in the formulation or amendment of the residents conventions and village rules and conventions, and carry out consultations and procedures.

When an employer formulates or amends rules and regulations concerning the rights and interests of its workers and discusses matters concerning the protection of female workers, it shall guarantee the participation of female workers in accordance with the law.

Article 15 Women shall enjoy equal rights with men to vote and stand for election. An appropriate number of women deputies shall be ensured among the deputies to the people's congresses at various levels of this Municipality, and the proportion of women deputies shall be gradually increased in accordance with the provisions of the State.

An appropriate number of women shall be ensured among the members of the residents and villagers committees. The proportion of female representatives in the workers' congresses of enterprises and institutions is generally commensurate with the proportion of female workers in the workplace.

Article 16 This Municipality actively trains and selects female cadres, attaches importance to the training and selection of female cadres from minority nationalities, and adopts measures to support the growth of female talents.

The training, selection and appointment of cadres by state organs, mass organizations, enterprises and institutions shall adhere to the principle of gender equality and include an appropriate number of women as leading members.

Women's federations and their members may recommend female cadres to state organs, mass organizations, enterprises and institutions.

Article 17 People's governments at various levels shall support the work of women's federations.

State organs, public organizations, enterprises and institutions of this Municipality shall attach importance to the work of women's organizations of their own workplaces and provide necessary conditions for the activities of women's organizations.

Article 18 Women's federations shall, on behalf of women, take an active part in democratic consultation, decision-making, management and supervision of state and social affairs.

Women's federations shall open up channels to express their demands, listen to women's opinions and reflect their demands.

Women's federations shall take an active part in the formulation or amendment of local rules, government regulations and other normative documents concerning women's rights and interests.

Article 19 The departments concerned shall hear and accept criticisms or reasonable and feasible suggestions concerning the protection of women's rights and interests; with respect to complaints, charges and reports concerning infringement of women's rights and interests, the departments concerned shall ascertain the facts and handle them responsibly, and no organization or individual shall suppress them or resort to retaliation.

Chapter III  Personal and Personality Rights and Interests

Article 20 This Municipality shall ensure that women enjoy equal rights and interests in person and personality with men.

Article 21 A woman's right to life, body and health shall be inviolable. The following acts are prohibited:

1. sex determination of the foetus for non-medical purposes and sex-selective artificial termination of pregnancy;

2.  maltreatment, abandonment, mutilation or trafficking of women; and

3.  other acts infringing upon women's rights and interests in life and health.

Article 22 Women's personal freedom shall be inviolable. The following acts are prohibited:

1. illegal detaining a woman or depriving or restricting her personal freedom by other illegal means;

2. illegal search of a woman's body;

3. abducting or trafficking in women, buying off abducted or kidnapped women and hindering the rescue of abducted or kidnapped women; and

4. other acts infringing upon women's personal freedom.

Article 23 It is forbidden to pester or harass a woman, disclose or disseminate a woman's privacy or personal information on the grounds of falling in love or making friends, or after the termination of love relationship or divorce.

Where a woman has suffered the above-mentioned infringement or is in real danger of such infringement, she may apply to the people's court for an order of personal safety protection.

Article 24  The personal dignity of women is inviolable. The following acts are prohibited:

1. disseminating, through radio, television, the press or Internet, the content that demeans and impairs the personal dignity of women;

2. degrading or damaging women's personal dignity in advertisements, posters and commercial activities;

3. infringing upon women's right to privacy by means of spying, intruding, disclosing or making public;

4. Insulting, defaming or sexually harassing women; and

5. other acts infringing upon women's personal dignity.

Women's rights to name, portrait, reputation, honor, privacy and personal information are protected by law. Media reports on incidents involving women shall be objective and appropriate, and may not infringe upon women's rights and interests.

Article 25 People's governments at various levels, the departments of public security, civil affairs, human resources, social security, public health and other departments, and the residents and villagers committees shall, in accordance with their respective functions and duties, ascertain and report in time, take measures to rescue abducted or kidnapped women, and do a good job in settling, rescuing and caring for rescued women. The Women's Federation will assist and cooperate with the relevant work.

No organization or individual may discriminate against women who have been abducted or kidnapped.

Article 26  Sexual harassment to a woman by means of words, writing, images or physical acts against her will shall be prohibited.

The female victims may lodge complaints with relevant units and state organs. The units concerned and state organs that have received the complaint shall deal with it promptly and notify the result in writing.

The female victims may report the case to the public security organ or file a civil suit in a people's court to request the perpetrator to bear civil liability according to law.

Article 27 Schools shall strengthen education on equality between men and women.

Schools shall, in accordance with the age of female students, conduct education on physical and mental health and self-protection, and take measures in education, management and facilities to improve their awareness and ability to protect themselves.

Schools shall establish a working system to effectively prevent and scientifically deal with sexual assault and sexual harassment. Schools shall not conceal the illegal and criminal acts of sexual assault or sexual harassment against female students, and shall promptly notify the parents or other guardians of the minor female victimized students, report the cases according to law and cooperate with the relevant departments in handling the cases.

Schools shall establish a protection system for victimized students. Schools, public security organs, educational administrative departments and other relevant units and personnel shall protect the privacy and personal information of female students who are victims of sexual assault or sexual harassment, and provide necessary protective measures.

When recruiting staff, units that have close contact with minors shall, in accordance with the law, inquire whether the applicants have criminal records such as sexual assault; those that are found to have the aforesaid behavior record shall not be employed.

Article 28 The employing unit shall take measures according to law, formulate rules and regulations prohibiting sexual harassment, incorporate the prevention and suppression of sexual harassment into the content of education and training, strengthen security and management, so as to prevent and stop sexual harassment against women.

The employing unit shall unblock the channels for complaints, establish and improve the investigation and disposal procedures, and protect the women who have been encroached on.

Article 29 In public places where people gather and flow, such as subways, buses, stations, airports and ferries, a mechanism for preventing and intervening in sexual harassment shall be established, and relevant units shall cooperate in handling complaints or investigating cases.

Article 30 The operators of cultural and entertainment places, the operators of hotels, lodges and other places providing accommodation services, and the house renter shall report to the public security organ in a timely manner when they discover that there are prostitution or whoring or other illegal and criminal acts infringing upon women's rights and interests.

Article 31 This Municipality shall establish and improve a health service system for women throughout their life cycle, ensure that women enjoy basic medical and health services, and carry out prevention, screening, diagnosis and treatment of women's common and frequently occurring diseases, so as to improve women's health.

This Municipality shall carry out the popularization of health knowledge, health care and disease prevention and control during puberty, menopause and at old age as well as during menstruation, pregnancy, perinatal period and lactation period. Relevant departments and mass organizations shall provide physiological health guidance and mental health services for women in need, so as to guarantee women's health demands during special physiological periods.

Article 32 The employing unit shall arrange regular inspections for female workers for gynecological diseases, mammary diseases and other health checkups for women with special needs. Qualified units are encouraged to increase the number of inspections and checkup items.

The municipal and district people's governments shall arrange for retired women and women with financial difficulties to be screened for gynecological diseases and breast diseases at least once every two years, and may increase the screening programs as appropriate.

Mass organizations, enterprises and public institutions are encouraged to provide assistance in screening women for gynecological diseases and breast diseases.

This Municipality encourages age-appropriate females to vaccinate against cervical cancer, and promotes the vaccination of age-appropriate female minors against cervical cancer in accordance with relevant provisions. The specific measures shall be formulated by the municipal department of health, finance and other relevant departments.

Article 33 Relevant departments shall support and encourage insurance companies to carry out women's commercial health insurance business and improve the level of health protection.

Article 34 People's governments at various levels shall, when planning and building infrastructure facilities, carrying out urban renewal and promoting the construction of key areas such as new towns, shall, in accordance with relevant provisions allocate and build public facilities such as public latrines, maternity and infant rooms that protect women's privacy and meet women's needs.

Chapter IV  Rights and Interests in Culture and Education

Article 35 This Municipality shall ensure that women enjoy equal rights with men to culture and education.

Article 36 Parents or other guardians shall fulfill the obligation of ensuring that female minors of school-age receive and complete compulsory education.

Parents or other guardians of school-age female minors who, without justifiable reasons, do not send them to school shall be reprimanded by the local town/township people's government or the district administrative department of education and be ordered to make corrections within a prescribed time limit according to law. The residents committee and the villagers committee shall assist in doing the relevant work.

Government and schools shall take effective measures to solve the practical difficulties of female school-age minors in attending school and create conditions to ensure that female school-age minors complete compulsory education.

Article 37 Schools and departments concerned shall implement the relevant regulations of the State to ensure that women enjoy equal rights with men in such aspects as enrollment, admission to higher schools, conferment of academic degrees, dispatch for studying abroad, employment guidance and services.

When enlisting students, schools may not refuse to admit women or raise the admission standards for women on the grounds of gender, except for special majors prescribed by the State.

Article 38 This Municipality shall improve the lifelong learning system of the whole people and create conditions for women's lifelong learning.

This Municipality shall develop vocational education programs suitable for women's characteristics, and conduct vocational education, startup and practical skills training to improve women's labor skills and their ability of employment and start businesses.

Employers are encouraged to provide female workers with vocational education and skills training to take a post, on-the-post and post transfer in a planned way.

Article 39 This Municipality shall take measures to strengthen the training, introduction, evaluation and incentive, growth and development, and service guarantee to female talents, so as to give full play to the role of women in the construction of a highland for high-level talents.

This Municipality shall protect women's right to engage in scientific, technological, literary, artistic and other professional activities and provide necessary conditions. Age restrictions may be appropriately relaxed for qualified women in the development plans for high-level talents, relevant awards and project applications in accordance with relevant provisions.

Chapter V  Labor and Social Security Rights and Interests

Article 40 This Municipality shall ensure that women enjoy equal labor rights and social security rights with men.

This Municipality encourages and supports women's innovation, business startup and creativity, and protects women's legitimate rights and interests in employment, startup of business and career development according to law. People's governments at all levels and departments concerned shall improve policies and measures to ensure employment, create a fair environment for women in employment and starting their own businesses, prevent and correct gender discrimination in employment, and provide necessary support and assistance to women with difficulty in employment.

Article 41 Unless otherwise provided for by the State, an employing unit may not refuse to recruit (employ) women or raise the recruitment (employ) standards for women in a differentiated manner on the grounds of sex, marital and childbirth status, etc.

The rules and regulations formulated by the employing units or the relevant provisions concerning labor protection, welfare benefits and social insurance for female employees shall not contain the content of discrimination against women.

The principle of equality between men and women shall be adhered to in promotion in posts, in ranks, evaluation and employment of professional and technical titles, and training, and discrimination against women shall not be allowed.

Radio, television, newspapers, Internet and other media shall not, in violation of the relevant provisions of the State, disseminate posts that restrict women's recruitment and employment.

Article 42 Men and women shall receive equal pay for equal work, and women shall enjoy equal rights with men in the enjoyment of welfare benefits.

An employing unit shall sign a labor (employment) contract or service agreement with female workers in accordance with the law. The labor (employment) contract or service agreement shall, in accordance with the law, stipulate such matters as female workers' posts, labor remuneration, social insurance, labor protection, working conditions and protection against occupational hazards, as well as special protection for female workers, and shall not contain any content that restricts the marriage and childbirth of female workers or infringe upon their legitimate rights and interests.

The employing unit and the workers may conduct collective consultation on gender equality and protection of the rights and interests of female workers, and sign collective contracts or special collective contracts.

Article 43 Human resources and social security departments shall bring the acts of sex discrimination in the process of recruitment, admission, promotion in posts, in ranks, evaluation and employment of professional and technical titles and positions, training and dismissal into the scope of labor security supervision.

Article 44 The employing unit shall execute laws, rules and regulations as well as the provisions of the State and this Municipality concerning the labor protection of female workers, safeguard the safety and health of female workers at work, abide by the provisions on the prohibited scope of work for female workers, and take necessary measures to prevent female workers from suffering from occupational disease hazards.

Employers are encouraged to set up maternity and child healthcare facilities such as clinics for female workers and rest rooms for pregnant women according to the needs of female workers, so as to meet their demands in physiological hygiene, breast-feeding and care for infants and toddlers.

Article 45 Women shall be given special protection during menstruation, pregnancy, perinatal period and lactation period, and shall enjoy corresponding leave and benefits in accordance with the provisions of the State and this Municipality.

The employing unit shall ensure that female workers enjoy maternity leave, childbirth leave, child-rearing leave and other relevant benefits according to law.

The employing unit shall not, due to marriage, pregnancy, maternity leave, breast-feeding and other circumstances, illegally reduce the wages and welfare benefits of female workers, restrict their promotion in posts, in ranks, evaluation and employment with professional and technical titles and posts, dismiss female workers, unilaterally terminate the labor (employment) contract or service agreement.

If a female worker is unfit for her previous post during pregnancy or lactation, she may, through consultation with the employing unit, adjust her post during the period or improve the corresponding working conditions. During pregnancy or lactation, female workers may negotiate with the employer for flexible working hours or work at home and using other flexible working methods.

If a female worker has a history of habitual abortion, serious pregnancy complications, pregnancy complications and other conditions that may affect her normal childbirth as proved by a second-class or above medical and health care institution, the employer shall approve her prenatal leave after she submits an application.

If a female worker is proved by a second-class or above medical and health institution to be suffering from a postpartum disease that seriously affects the physical health of the mother and child, the employer shall approve her lactation leave after she submits an application.

During the period of prenatal leave and lactation leave enjoyed by female workers according to relevant provisions, their wages shall not be less than 80 percent of their original wages and shall not be less than the minimum wage standards of this Municipality; When adjusting salary, prenatal leave, maternity leave and breastfeeding leave shall be regarded as normal attendance.

Article 46 People's governments at various levels and relevant departments shall take measures to provide women with employment support and other services in accordance with relevant provisions. This Municipality concerns about and cares for migrant women, improves their working conditions and enhances their vocational skills.

Article 47 This Municipality shall improve the birth support policy system, implement the birth insurance system in accordance with the provisions of the State, and perfect the birth related security system.

The employing unit shall pay maternity insurance premiums in accordance with the law. Female workers shall enjoy maternity insurance benefits in accordance with the provisions of the State and this Municipality. Unemployed women, women receiving unemployment insurance compensation and women with flexible employment shall participate in basic medical insurance in accordance with the relevant provisions of the State and this Municipality and enjoy the corresponding maternity benefits.

This Municipality shall strengthen reproductive health services and include labor pain relief into the payment scope of medical insurance fund according to procedures; appropriately assisted reproductive technology projects will be covered by the medical insurance fund in accordance with national arrangements.

People's governments at various levels and relevant departments shall, in accordance with the relevant provisions of the State and this Municipality, provide necessary child-bearing assistance to eligible women with difficulties; mass organizations, enterprises and public institutions are encouraged to provide assistance to women with difficulties in giving birth.

Article 48 People's governments at various levels and relevant departments shall increase the supply of inclusive child-rearing services and provide family scientific child-rearing guidance services.

Qualified employers are encouraged to provide childcare services for their employees. Social forces are encouraged to participate in childcare services.

Chapter VI  Property Rights and Interests

Article 49 This Municipality shall ensure that women enjoy equal rights with men to property.

Women shall enjoy equal right of inheritance with men, and shall not be deprived of the right of inheritance enjoyed by women according to law on the grounds of customs, habits and marital status.

Article 50 The rights and interests enjoyed by women according to law shall not be infringed upon in the relationship of joint property or family joint property between husband and wife.

A woman shall have equal rights with her spouse to possess, use, benefit from and dispose of the joint property, which shall not be affected by the income status of both parties.

For immovable property jointly owned by husband and wife and movable property that may be registered jointly, the woman shall have the right to request that her name be recorded on the title certificate; if she considers that there are errors in the records of the right holder, the subject matter, the proportion of rights, etc., she shall have the right to apply for the registration of correction or the registration of objections according to law, and the relevant authorities shall go through the corresponding registration procedures in line with the application.

Article 51 Women shall enjoy equal rights with men in such aspects as confirmation of membership in rural collective economic organizations, land contracting, income distribution of collective economic organizations, compensation for land expropriation, resettlement or requisition, and the use of land for housing.

When applying for the registration of immovable property such as the right to contract and use rural land and the right to use residential land, all family members who enjoy the rights, including women, shall be listed in the immovable property registration book and in the ownership certificate. The agreement on expropriation, compensation, resettlement or requisition compensation shall include women who enjoy relevant rights and interests, and record the content of their rights and interests.

Article 52 The constitution of villagers' self-governance, the village rules and covenants, the decisions of the villagers' meetings, the villagers' representatives' meetings and other decisions concerning the interests of villagers shall not infringe upon the rights and interests of women in rural collective economic organizations on the grounds that women are unmarried, married, divorced, widowed or without men in their households.

Town/township people's governments and sub-district offices shall guide the constitution of villagers' self-governance, the village rules and covenants, the decisions of the villagers' meetings, the villagers' representatives' meetings and other decisions concerning the interests of villagers, and order them to correct the contents that violate relevant laws, rules and state policies and provisions and infringe upon women's legitimate rights and interests.

Chapter VII  Rights and Interests of Marriage and Family

Article 53 This Municipality shall ensure that women enjoy equal rights with men in marriage and family.

Article 54 People's governments at various levels and relevant departments shall take the protection of women's rights and interests as an important matter of family education work, provide marriage and family education guidance services for families, and guide the establishment of equal, harmonious and civilized marriage and family relations.

Article 55 Women's marital autonomy is inviolable. No organization or individual shall interfere with women's freedom of marriage and divorce.

The man may not file for divorce the woman during her pregnancy, within one year after the birth of the child or within six months after the termination of the pregnancy; except where the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce. The man may not infringe upon or restrict the woman's personal rights and freedoms during the separation of the husband and wife, and the cooling-off period for divorce or the divorce proceedings.

Article 56 Both men and women are encouraged to undergo a joint medical examination or relevant physical examination before marriage registration.

Article 57 Women shall, according to law, enjoy the right to bear children and the freedom not to bear children.

Article 58 People's governments at various levels and the relevant departments shall bring the prevention and suppression of domestic violence into the scope of work for the construction of peace in their respective areas and units.

The judicial administrative organs shall incorporate the people's mediation of marriage and family disputes into the public legal service system. Women's federations will work with judicial and administrative departments to prevent and resolve marriage and family disputes. People's mediation organizations shall actively participate in the prevention and suppression of domestic violence and do a good job in mediation.

Article 59 Public security organs shall include cases of domestic violence into the scope of police acceptance, dispatch policemen in a timely manner, stop the ongoing domestic violence in a timely manner, and do a good job in investigation and collection of evidence. If the circumstances of domestic violence are relatively minor and no punishment for public security administration is given according to law, the offender shall be given criticism and education or a warning letter shall be issued.

If a woman applies to a people's court for an order for personal safety protection because she has suffered domestic violence or is facing a real danger of domestic violence, the people's court shall accept the application according to law. If the legal conditions are met, the people's court shall make an order of personal security protection.

Article 60 At the time of divorce, the couple's joint property shall be disposed of by mutual agreement. If the agreement fails, the people's court shall make a judgment in accordance with the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the child, the wife and the innocent party.

During the divorce proceedings, if one of the spouses applies to inquire about the status of the property registered under the other party's name and is indeed unable to self-collect it due to objective reasons, the people's court shall conduct investigation and obtain evidence, and the departments and units concerned shall provide assistance.

During the divorce proceedings, both husband and wife shall have the obligation to declare all their joint property to the people's court. If one party conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to seize the property of the other party, at the time of divorce and division of the joint property of the husband and wife, this party may receive less or no property.

Article 61 Both husband and wife shall jointly bear family obligations and take care of family life.

If a woman has more obligations due to raising children, caring for the elderly or assisting the husband in his work, she shall have the right to ask the husband for compensation at the time of divorce.

If the divorce is caused by the serious fault of the husband, the woman without fault shall have the right to claim damages.

If the woman is in difficulty at the time of divorce, the man who can afford it shall give appropriate help.

Chapter VIII  Relief Measures

Article 62 Any organization or individual shall have the right to dissuade or stop an act infringing upon the legitimate rights and interests of women or to file a complaint or report to the department concerned.

Where a woman's legitimate rights and interests are infringed upon, she shall have the right to request the department concerned to handle the matter according to law, or apply for mediation or arbitration according to law, or file a lawsuit in a people's court.

Article 63 Where a woman's right to life, body, health or personal freedom has been infringed upon or is in distress due to disease, childbirth or disaster, the public security, civil affairs and other departments, women's federations, medical institutions and other organizations and individuals that have legal obligations for assistance shall offer timely assistance and provide temporary shelter or other necessary assistance according to law.

Local legal aid agencies or judicial organs shall provide assistance to qualified women and provide legal aid or judicial assistance in accordance with the law.

Women who have difficulties in their lives due to sudden serious diseases or natural disasters may apply for social assistance in accordance with provisions, and those who meet the conditions shall be provided with assistance according to law.

In response to emergencies, relevant departments shall do a good job in safeguarding the rights and interests of women and infants.

This Municipality encourages and supports social forces to raise resources through various channels to provide relief and assistance to women with difficulties in their lives.

Article 64 Where a woman's legitimate rights and interests are infringed upon, she may seek help from such women's organizations as women's federations. Women's federations and other women's organizations shall safeguard the legitimate rights and interests of the women who have been infringed upon, and have the right to request and assist relevant departments or units to investigate and handle the matter. The departments or units concerned shall investigate and handle the matter according to law and offer replies; if the case is not handled or mishandled, the municipal or district Working Committee on Women and Children or the women's federation may put forward its opinions on supervising and handling the case, and may, when necessary, submit the case to the people's government at the same level for supervision and inspection. Women's federations shall provide support and assistance to women victims who need assistance in litigation.

The women's federation shall take in charge of the establishment and operation of the service hotline for the protection of women's rights and interests, shall timely accept and transfer complaints and reports concerning infringement of women's legitimate rights and interests; after receiving a complaint or report, the departments or units concerned shall deal with it in a timely manner.

Article 65 Where the legitimate rights and interests of women are infringed upon and the public interests are damaged, the procuratorial organ may issue procuratorial suggestions; under any of the following circumstances, procuratorial organs may file public interest lawsuits in accordance with the law:

1.infringing upon women's rights and interests or infringing upon women's rights and interests in rural land contracting, collective income, land expropriation and requisition, compensation and distribution, and the use of residential land when confirming their membership in rural economic collective organizations;

2.infringing upon women's rights and interests in equal employment;

3.the relevant unit fails to take reasonable measures to prevent and stop sexual harassment;

4.demeaning and damaging women's personality through the mass media or any other means; and

5.other circumstances that seriously infringe upon women's rights and interests.

Article 66 State organs, social organizations, enterprises and institutions may support the aggrieved women to file lawsuits in the people's courts for acts that infringe on women's rights and interests.

Chapter IX  Legal Liability

Article 67 Where the Law of the People's Republic of China on the Protection of the Rights and Interests of Women and other laws and rules have already provided for handling acts in violation of the provisions of these Regulations, such provisions shall prevail.

Article 68 Where an employing unit infringes upon women's rights and interests in labor and social security, human resources and social security departments may, together with trade unions and women's federations, interview the employing unit, supervise it according to law and require it to make corrections within a prescribed time limit.

Article 69 Where state organs and their functionaries fail to perform their functions and duties according to law in the protection of women's rights and interests, the units which they belong to or the competent departments at higher levels shall order them to make corrections; where a person neglects his duty, abuses his power or engages in malpractices for personal gain, the unit which he belongs to or the competent department at a higher level shall impose sanctions on the chief person directly responsible and other responsible persons according to law; if the case constitutes a crime, criminal liability shall be investigated according to law.

Chapter X  Supplementary Provisions

Article 70 These Regulations shall be effective as of January 1, 2023. The Procedures of Shanghai Municipality for the Implementation of the Law of the People's Republic of China on the Protection of Women's Rights and Interests adopted at the 14th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on December 8, 1994, and amended for the first time at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 27, 1997, and amended for the second time at the 35th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on April 26, 2007, shall be annulled at the same time.