Article 40. The state shall guarantee that women enjoy equal rights with men in marriage and family.

    第四十一条国家保护妇女的婚姻自主权。禁止干涉妇女的结婚、离婚自由。

Article 41. The state shall protect women's right of self-determination in marriage. Interference with women's freedom of marriage or divorce shall be prohibited.

    第四十二条女方按照计划生育的要求中止妊娠的，在手术后六个月内，男方不得提出离婚；女方提出离婚，或者人民法院认为确有必要受理男方离婚请求的，不在此限。

Article 42. When a wife terminates gestation as required by the family planning programme, her husband may not apply for a divorce within six months after the operation; this restriction shall not apply in a cases where the wife applies for a divorce, or when the people's court deems it necessary to accept the divorce application made by the husband.

    第四十三条妇女对依照法律规定的夫妻共同财产享有与其配偶平等的占有、使用、收益和处分的权利，不受双方收入状况的影响。

Article 43. A woman shall enjoy equal rights with her spouse in possessing, utilizing, profiting from and disposing of the property jointly possessed by the husband and wife according to law, which shall not be affected by the status of income of either party.

    第四十四条国家保护离婚妇女的房屋所有权。

Article 44. The state shall protect divorced women's ownership of their houses.

    夫妻共有的房屋，离婚时，分割住房由双方协议解决；协议不成的，由人民法院根据双方的具体情况，照顾女方和子女权益的原则判决。夫妻双方另有约定的除外。

At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed houses; if they fail to reach an agreement, the people's court shall make a judgment in accordance with the actual circumstances of both parties and by taking into consideration the rights and interests of the wife and their child (children), except as otherwise agreed upon by the two parties.

    夫妻共同租用的房屋，离婚时，女方的住房应当按照照顾女方和子女权益的原则协议解决。

In a case where the husband and wife jointly rent a house or a room, the wife's housing shall, at the time of divorce, be solved according to the principle of taking into consideration the rights and interests of the wife and their child (children).

    夫妻居住男方单位的房屋，离婚时，女方无房居住的，男方有条件的应当帮助其解决。

In a case where the husband and wife live in a house allocated by the unit to which the husband belongs, if the wife has no housing to live in at the time of divorce, the husband shall help her in this regard whenever he can afford to.

    第四十五条父母双方对未成年子女享有平等的监护权。

Article 45. Both parents shall enjoy the equal right to guardianship of their minor child (children).

    父亲死亡、丧失行为能力或者有其他情形不能担任未成年子女的监护人的，母亲的监护权任何人不得干涉。

In a case where the father is deceased, incapacitated or under any other circumstances that make him unable to act as the guardian of a minor child (children), nobody may interfere with the mother's right of guardianship.

    第四十六条离婚时，女方因实施绝育手术或者其他原因丧失生育能力的，处理子女抚养问题，应在有利子女权益的条件下，照顾女方的合理要求。

Article 46. At the time of divorce, if the wife becomes sterile because of the sterilization operation or any other reasons, the problem to bring up the child (children) shall be so handled that, while to the advantage of the rights and interests of the child (children), due consideration shall be given to the wife's reasonable demands.

    第四十七条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。

Article 47. Women have the right to child-bearing in accordance with relevant regulations of the state as well as the freedom not to bear any child.

    育龄夫妻双方按照国家有关规定计划生育，有关部门应当提供安全、有效的避孕药具和技术，保障实施节育手术的妇女的健康和安全。

Where a couple of child-bearing age practise family planning according to the relevant regulations of the state, the departments concerned shall provide safe and effective contraceptives and techniques, and ensure the health and safety of the woman receiving any birth-control operation.

     第八章法律责任

CHAPTER VIII LEGAL RESPONSIBILITY

    第四十八条妇女的合法权益受到侵害时，被侵害人有权要求有关主管部门处理，或者依法向人民法院提起诉讼。

Article 48. When a woman's lawful rights and interests are infringed upon, she has the right to request the competent department concerned for a disposition or bring a lawsuit in a people's court according to law.

    妇女的合法权益受到侵害时，被侵害人可以向妇女组织投诉，妇女组织应当要求有关部门或者单位查处，保护被侵害妇女的合法权益。

When a woman's lawful rights and interests are infringed upon, she may file a complaint with a women's organization, which shall request the relevant department or unit to investigate and deal with the case so as to protect the lawful rights and interests of the complainant.

    第四十九条违反本法规定侵害妇女合法权益，其他法律、法规已规定处罚的，依照该法律、法规的规定处罚。

Article 49. Where punishments are prescribed by other laws or regulations for the infringement upon the lawful rights and interests of women in violation of the provisions of this Law, punishments prescribed in such laws or regulations shall apply.

    第五十条有下列侵害妇女合法权益情形之一的，由其所在单位或者上级机关责令改正，并可根据具体情况，对直接责任人员给予行政处分：

Article 50. Anyone who commits any of the following infringements upon the lawful rights and interests of a woman shall be ordered to make corrections by his or her unit or by an organ at a higher level, and the person who is held directly responsible may, in light of the specific circumstances, be subjected to administrative sanctions:

    （一）对有关侵害妇女权益的申诉、控告、检举，推诿、拖延、压制不予查处的；

(1) evading, delaying or suppressing the investigation and disposition of a complaint, a charge or an exposure regarding an infringement upon the rights and interests of a woman;

    （二）依照法律、法规规定，应当录用而拒绝录用妇女或者对妇女提高录用条件的；

(2) refusing to employ women or raising the employment standards for women where women shall be employed in accordance with the provisions of relevant l

上一页  [1] [2] [3] [4] [5] 下一页