(1) has the same right to dispose of * * * and property. (2) the right of inheritance.
27. What is the scope of marital property enjoyed by women?
Answer: According to the provisions of the Marriage Law on marital property, the lawful income obtained by both spouses or one of them during the marriage relationship is the common property of the spouses. Its scope includes: wages and bonuses earned by both spouses or one of them; Income from production and business activities; The economic benefits obtained by one or both husband and wife from intellectual property rights, and the property obtained by both husband and wife as a result of inheritance or gift (which must be the property that is not determined in the will or gift contract to belong only to the husband or wife); Other property that should be owned by husband and wife.
What is "sexual harassment"?
A: The so-called "sexual harassment" generally refers to unwelcome sex-related words or behaviors made by one party to the other party in the workplace or other places, including unwilling physical contact, proposing sex-related behaviors as a condition for giving certain benefits, and sex-related words, pictures and words that do not involve physical contact, gestures or other means, causing certain physical and mental harm and pain to the other party.
29. Can women decide to get married or divorce independently?
A: Yes. According to Article 44 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), the state protects women's autonomy in marriage. It is forbidden to interfere with women's freedom of marriage and divorce.
30. During what period shall a woman and a man not file for divorce?
A: According to Article 46 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), a woman may not file for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy. This restriction shall not apply if the woman files for divorce, or if the people's court deems it really necessary to accept the man's request for divorce.
3 1. Domestic violence against women is a family matter, and it won't constitute a crime, will it?
A: No, according to Article 46 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), domestic violence against women is prohibited. Persistent and frequent domestic violence constitutes abuse. According to Article 260th of the Criminal Law of People's Republic of China (PRC), maltreatment of family members, if the circumstances are bad, constitutes the crime of maltreatment. In addition, serious domestic violence may violate other provisions of the Criminal Law and constitute crimes such as "violent interference with freedom of marriage", "abuse", "intentional injury", "intentional homicide" and "insult".
32. Which institutions or organizations can women who are victims of domestic violence seek help from?
A: According to Article 46 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), women who are victims of domestic violence can seek help from public security, civil affairs, judicial administration and other departments, as well as urban and rural grassroots mass autonomous organizations and social organizations such as residents' committees and villagers' committees. These units should prevent and stop domestic violence within their respective responsibilities and provide assistance to women victims according to law.
33. If the wife's income is lower than her husband's, do you enjoy relatively few rights in the same property of husband and wife?
A: No, according to Article 47 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), women have equal rights with their spouses to possess, use, benefit and dispose of the property jointly owned by husband and wife, regardless of their income.
34. When divorcing, why can the woman ask the man for compensation?
A: According to Article 47 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other. If the woman undertakes more obligations such as raising children, caring for the elderly and assisting the man in his work, she has the right to demand compensation from the man at the time of divorce. It can be seen that even if the husband and wife have a written agreement on the ownership of property during the marriage relationship, the woman can ask the man for compensation on the grounds of "taking on more obligations of raising children, caring for the elderly and assisting the man in his work" when divorcing.
35. For minor children, is the guardianship of both parents the same?
A: It's the same. According to Article 49 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), both parents have equal custody of minor children.
36. After the death of the father, is the guardian of the minor child a mother or a grandparent?
A: It's mom. According to Article 49 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), if the father dies, loses his capacity for civil conduct or cannot be the guardian of minor children under other circumstances, no one may interfere with the mother's custody.
37. How to deal with child support when the woman loses fertility due to sterilization or other reasons?
A: According to Article 50 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), if a woman loses her fertility due to sterilization or other reasons at the time of divorce, she should take care of her reasonable requirements under conditions conducive to the rights and interests of her children.
38. Can women with financial difficulties get judicial assistance and legal aid when their legitimate rights and interests are violated?
A: Yes. According to Articles 52 and 54 of the Law on the Protection of Women's Rights and Interests, local legal aid agencies or people's courts should give help to women who are in financial difficulties and need legal aid or judicial assistance, and provide them with legal aid or judicial assistance according to law. Women's organizations should support female victims who need help in litigation. Therefore, for women whose legitimate rights and interests have been violated, legal aid agencies or people's courts have the responsibility to give help and provide legal aid or judicial assistance according to law, and women's federations have the responsibility to support the victims in litigation.
39. What rights and obligations do women's organizations have in safeguarding women's legitimate rights and interests?
According to Article 53 of the Law on the Protection of Women's Rights and Interests, when women's legitimate rights and interests are infringed, they have the right to request and assist relevant departments or units to investigate and deal with them. The relevant departments or units shall investigate and deal with it according to law and give a reply.
In addition, article 54 stipulates that women's federations or relevant women's organizations may expose and criticize acts that infringe on the interests of specific groups of women through the mass media, and have the right to ask relevant departments to investigate and deal with them according to law.
40, in violation of the relevant provisions of the law on the protection of women's rights and interests, on the grounds that women are unmarried, married, divorced and widowed. How to deal with the violation of women's rights and interests of rural collective economic organizations, or the violation of the equal rights and interests of men, children and members of local rural collective economic organizations because married men have settled in women's accounts?
A: Article 33 of the Law on the Protection of Women's Rights and Interests stipulates that no organization or individual may infringe upon the rights and interests of women in rural collective economic organizations on the grounds that women are unmarried, married, divorced or widowed. If a married man settles in the woman's residence, the man and his children enjoy the same rights and interests as the members of the local rural collective economic organizations. According to Article 55 of the Law on the Protection of Women's Rights and Interests, if a woman's rights and interests in a rural collective economic organization are violated on the grounds of unmarried, married, divorced or widowed, or a married man has settled in the woman's residence, which infringes on her equal rights and interests with the boys and girls of the local rural collective economic organization, the Township People's Government shall mediate according to law; The victim may also apply to the rural land contract arbitration institution for arbitration according to law, or bring a lawsuit to the people's court, which shall accept it according to law.
4 1. What kind of responsibility may a person bear if he violates the provisions of the Law on the Protection of Women's Rights and Interests and infringes on women's legitimate rights and interests?
A: Article 56 of the Law on the Protection of Women's Rights and Interests stipulates that: those who violate the provisions of this law and infringe on women's legitimate rights and interests, and other laws and regulations have stipulated administrative penalties, shall be subject to their provisions; Causing property losses or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. It can be seen that those who violate women's rights and interests may bear administrative, civil or criminal legal responsibilities.
42, state organs and their staff did not perform their duties according to law, did not stop the violation of women's rights and interests in time or did not give necessary help to women victims, resulting in serious consequences, how to deal with it?
A: According to Article 57 of the Law on the Protection of Women's Rights and Interests, if a state organ or its staff fails to perform their duties according to law, fails to stop acts that infringe on women's rights and interests in time, or fails to give necessary help to the victimized women, resulting in serious consequences, the unit to which they belong or the higher authorities shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
43, in violation of the provisions of the law on the protection of women's rights and interests, against women's cultural and educational rights, labor and social security rights, personal property rights and marriage and family rights, how to deal with?
A: According to the provisions of Article 57 of the Law on the Protection of Women's Rights and Interests, those who violate the provisions of the Law on the Protection of Women's Rights and Interests and infringe on women's rights to culture and education, labor and social security, personal property rights and marriage and family rights shall be ordered to make corrections by their units, competent departments or higher authorities. If the directly responsible person in charge and other directly responsible personnel belong to national staff, they shall be given administrative sanctions by their units or higher authorities according to law.
44. How to deal with sexual harassment of women in violation of the provisions of the Law on the Protection of Women's Rights and Interests?
A: Article 40 of the Law on the Protection of Women's Rights and Interests stipulates that sexual harassment of women is prohibited. Article 58 of the Law on the Protection of Women's Rights and Interests stipulates that if sexual harassment is committed against women in violation of the provisions of this Law, which constitutes a violation of public security administration, the victim may request the public security organ to impose administrative punishment on the violator according to law. The victim may also bring a civil lawsuit to the people's court according to law.
45. What should the victim do in case of domestic violence?
A: Under normal circumstances, victims of domestic violence should first turn to the surrounding forces, such as relatives and friends, the "1 10" alarm center, street offices, women's federations at all levels, etc. In order to coordinate and solve contradictions before things get worse, and they can also consult various counseling centers and psychological centers; If the nature of violence is bad, we should pay attention to collecting evidence, such as the diagnosis certificate of the hospital, the injury appraisal conclusion of the relevant appraisal center, and collecting physical evidence (such as injury tools, etc. ), and strive for witness (showing harm to acquaintances, etc. ); If violence still occurs, then it is necessary to consider bringing criminal proceedings or divorce proceedings to the court for intentional injury or abuse to prevent worse and more serious consequences.
46. What are the characteristics of the revised Law on the Protection of Women's Rights and Interests?
A: Write the basic national policy of equality between men and women into law; Clarify the subject of law enforcement and strengthen the government's responsibility; It is the legal obligation of the State Council and local people's governments at all levels to formulate the China women's development program and local women's development plan; Further clarify the responsibilities of the Women's Federation; Increase the proportion of women deputies to the National People's Congress and local people's congresses; Prohibition of gender discrimination in enrollment; Preventing gender discrimination in employment; Protecting rural women's right to land contract; Prohibition of sexual harassment; Preventing and stopping domestic violence; Strengthened the administrative responsibility that must be borne in violation of the law on the protection of women's rights and interests; Civil liability and criminal liability; Provisions on legal aid and judicial aid have been added.
47. After the divorce, if both men and women voluntarily restore the relationship between husband and wife, will it be automatically restored without registration?
A: No.
48. For a house rented by one party before marriage and purchased with the same property after marriage, the house ownership certificate is registered in the name of one party, and the house should not be regarded as the joint property of husband and wife, right?
A: No.
49. Xiao Li's monthly salary is 2000 yuan, and his wife is laid off and has no income at home. Xiao Li told his wife that he earned the money, and her wife could only use the property at home and had no share. Is Xiao Li right?
A: No.
What is the legislative purpose of the Law on the Protection of Women's Rights and Interests?
(1) Protect the legitimate rights and interests of women. (2) Promote gender equality. (3) Give full play to the role of women in socialist modernization.
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