Legislating Women's and Children's Rights and Interests in the PRCa

Abstract

Rights and interests, quanyi, are superseding class as the conceptual axis of Chinese law and jurisprudence. Recent legislation highlighting this new social and legal theory has stipulated new law on womens and childrens rights and interests. It has also endorsed an updated conception of the relation between state and society, by which the state is formally required both to provide for newly stipulated civil law protection of rights and interests and to perfect a system of social protection, shehui baozhang zhidu. The latter is to serve as a self–conscious guarantee of the practical enjoyment of rights and interests through broadly based education and social activism. If the leadership of the Peoples Republic of China (PRC) has formally committed itself to the development and protection of such rights, it remains to be seen how this commitment can be squared with the regimes refurbished mass line focus on comprehensive social control.1

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