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Responses of the Chinese Government on Follow-up Actions Mentioned in the Concluding Observations of the United Nations Committee on the Elimination of Discrimination against Women

February 14, 2017

Date submitted: January 10, 2016

Translation by Human Rights in China

Chinese available at UN website:

http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fCHN%2fCO%2f7-8%2fAdd.1&Lang=en

中国政府关于联合国消除对妇女歧视委员会结论性意见后续行动的答复材料

Responses of the Chinese Government on Follow-up Actions
Mentioned in the Concluding Observations of the United Nations
Committee on the Elimination of Discrimination against Women

自2014年10月联合国消除对妇女歧视委员会审议中国执行《消除对妇女一切形式歧视公约》第七、八次合并报告以来,中国政府继续积极推进妇女权利保护事业,有效促进了性别平等,切实维护了妇女权利,保障并推动了妇女的全面发展。中国政府现根据结论性意见有关后续行动的建议(第78段),并结合两年来采取的措施和取得的成果,就结论性意见第15段及第31段相关问题进行回应:

Since the review of China’s combined seventh and eighth periodic reports on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the United Nations Committee on the Elimination of Discrimination against Women in October 2014, the Chinese government has continued to actively promote the cause of protecting women’s rights, effectively advanced gender equality, conscientiously defended women’s rights, and safeguarded and promoted women’s comprehensive development. In accordance with the recommendations for follow-up actions in the Concluding Observations (para. 78), and combining the measures taken and results achieved over the past two years, the Chinese government hereby responds to the relevant questions in paragraphs 15 and 31 in the Concluding Observations:

一、确保通过向包括介入土地申索的妇女在内的对象提供法律援助等办法,使妇女可以有效获得司法救助等 [第15段(a)]

I. Ensure that women have effective access to justice, including women involved in land claims, by providing legal aid, etc. (para. 15(a))

中国政府进一步推动司法领域的改革,更加重视对妇女权益的保护,并将对妇女法律援助作为法律援助工作的重点内容,采取多种措施推动相关工作开展。2015年颁布《关于完善法律援助制度的意见》,明确要求要进一步扩大包括妇女在内的法律援助范围。

The Chinese government has further advanced reforms in the judicial area and has attached greater importance to the protection of women’s rights and interests. It has also made providing legal aid for women the key focus of legal aid work and has taken various measures to advance the development of relevant work. The Opinions on Perfecting the Legal Aid System issued in 2015 clearly require the further expansion of the scope of legal aid, including that for women.

为更有效保障妇女土地权,2015年,政府下发《关于认真做好农村土地承包经营权确权登记颁证工作的意见》,明确提出:承包经营权证书载明的户主或共有人,要体现男女平等的原则,切实保护妇女土地承包权益。各地开展了维护妇女土地承包权益专门培训;在确权登记中坚持一人一权,不漏不重;在农村土地承包仲裁委员会中吸纳妇联组织作为成员,注重聘用女性仲裁员,增强妇女权益保护力量。如浙江省瑞安市“金某某村集体经济组织成员权益纠纷案”,在法律援助支持下,“农嫁女”金某某母女获得了平等土地承包及相关经济权益。

In 2015, in order to more effectively safeguard women’s land rights, the government issued the Opinions on Conscientiously Carrying Out the Work of Verifying, Registering and Certifying Rural Land Contract and Management Rights. It clearly puts forward the following: the certification of contract and management rights shall clearly state the name(s) of the owner(s) or co-owners, reflecting the principle of gender equality, and effectively protecting women’s rights and interests in land contracts. Special training on protecting women’s rights and interests in land contracts is being conducted in various regions; during the verification and registration of the rights, the principle of “one person, one right; nothing less, nothing more” is being upheld; arbitration committees of rural land contracts are taking in local chapters of the All-China Women’s Federation as members, emphasizing the employment of female arbitrators and bolstering the strength of protection of women’s rights and interests. For example, in the “case of dispute over the rights and interests of members of the collective economic organization in Mrs. Jin’s village” in Rui’an, Zhejiang, “disadvantaged rural married woman” Mrs. Jin and her daughter were granted equal land contracts and relevant economic rights and interests with the assistance of legal aid.

中国支持非政府组织提供妇女法律援助服务。在中央专项彩票公益金法律援助项目下,开展由民间组织牵头和参与实施的中国妇女法律援助行动项目”。2016年,该基金投入2300多万元支持妇女法律援助案件,受援人数17000多人。

China supports non-governmental organizations in their effort to provide legal aid services for women. Under the auspices of the legal aid program of the central government’s special lottery fund for public welfare, civil society organizations spearheaded and participated in the implementation of the “Action Program for Women’s Legal Aid in China.” In 2016, the fund contributed over RMB 23 million to support legal aid for women's cases, and over 17,000 people benefited from this program.

二、防止政治机构对司法机关进行各种形式的干扰,以便确立司法机关的独立地位等 [第15段(b)]

II. Establish independence of the judiciary by preventing all forms of interference by the political branch, etc. (para. 15 (b))

中国是社会主义法治国家,依法治国是党领导人民治理国家的基本方略,法治是治国理政的基本方式。中国宪法第一百二十六条、一百三十一条明确规定“人民法院依照法律规定独立行使审判权,不受行政机关、社会团体和个人的干涉”,“人民检察院依照法律规定独立行使检察权,不受行政机关、社会团体和个人的干涉”。中国刑事诉讼法、民事诉讼法、行政诉讼法和人民法院组织法、人民检察院组织法等,都分别依据宪法,对司法机关依法独立行使审判权、检察权,不受其他行政机关、团体和个人的干涉作了具体、明确的规定。

China is a socialist country under the rule of law: ruling the country by law is the basic policy of the Communist Party of China (CPC) for leading the people and governing the country; rule of law is the basic approach to governing the country and managing government affairs. Articles 126 and 131 of the Constitution of China clearly stipulate that “the people’s courts exercise judicial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual,” and that “the people’s procuratorates exercise procuratorial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual.” The Chinese Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law, Organic Law of the People’s Courts, and Organic Law of the People’s Procuratorates, among others, each lays out concrete and clear provisions based on the Constitution regarding the judicial organs’ independent exercise of judicial and procuratorial powers in accordance with the law and free from interference by other administrative organs, organizations, or individuals.

近年来,中国政府全面推进法治中国建设,全面深化司法体制改革,进一步优化司法职权配置,确保审判权、检察权依法独立公正行使。2014年以来,中央全面深化改革领导小组审议通过了27个司法体制改革文件,最高人民法院发布《关于全面深化人民法院改革的意见——人民法院第四个五年改革纲要》、最高人民检察院制定、实施《关于深化检察改革的意见(2013—2017年工作规划)》等,在全国全面推开完善司法责任制、完善司法人员分类管理制度、健全司法职业保障制度、推进省以下地方法院检察院人财物省级统一管理四项改革,稳步推进以审判为中心的诉讼制度改革,进一步促进了国家治理体系和治理能力现代化,司法的公平正义得到捍卫,司法公信力不断提高。

In recent years, the Chinese government has comprehensively promoted the construction of rule of law in China, comprehensively deepened judicial system reform, and further optimized the allocation of judicial authorities in order to ensure the independent and just exercise of judicial and procuratorial powers in accordance with the law. Since 2014, the Central Leading Group for Comprehensively Deepening Reforms has deliberated and issued 27 documents on judicial system reform, the Supreme People’s Court issued the Opinions on Comprehensively Deepening Reform in People’s Courts: The Fourth Five-Year Reform Guidelines for People’s Courts, and the Supreme People’s Procuratorate formulated and implemented the Opinions Regarding Deepening Procuratorial Reform (2013-2017 Work Plans), etc. In four reforms comprehensively carried out nationwide—to perfect the judicial responsibility system, to perfect the system of managing judicial personnel by category, to perfect the job security system for judicial professionals, and to advance the integrated management of the personnel, finance, and resources of local people’s courts and procuratorates below the provincial level by their counterparts at the provincial level—the reform of the legal procedural system centering on adjudication has been steadily advanced; the modernization of the state governing system and governing capabilities has been further promoted; judicial fairness and justice have been safeguarded; and judicial credibility has been steadily increased.

为防止一些单位、个人违法干预司法办案,2015年3月,中共中央办公厅、国务院办公厅发布《领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定》,中央政法委员会审议通过了《司法机关内部人员过问案件的记录和责任追究规定》,明确规定“任何领导干部都不得要求司法机关违反法定职责或法定程序处理案件”,违反规定造成恶劣影响的依纪依规给予纪律处分,造成冤假错案或其他严重后果,构成犯罪的,依法追究刑事责任。最高人民法院又制定了《人民法院落实〈领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定〉的实施办法》、最高人民检察院制定了《关于加强执法办案活动内部监督防止说情等干扰的若干规定》等配套措施,从制度上进一步保障人民法院、人民检察院依照法律规定独立行使审判权、检察权,不受行政机关、社会团体和个人的干涉。

In order to prevent certain units and individuals from illegally interfering with the judicial handling of cases, in March 2015, the General Office of the CPC Central Committee and the General Office of the State Council issued the Regulations on Recording, Reporting, and Pursuing Accountability of Leading Cadres Who Interfere with Judicial Activities and Intervene in the Handling of Specific Cases, and the Committee of Political and Legal Affairs under the CPC Central Committee deliberated and passed the Regulations on Recording and Pursuing Accountability of Internal Personnel of Judicial Organs Who Inquire about Cases. [The former] clearly stipulate that“no leading cadre shall demand judicial organs to handle cases in violation of their functions and responsibilities as prescribed by law or without due process.” For violations that result in adverse influence, disciplinary punishment shall be given in accordance with relevant rules and regulations; for violations that result in false incrimination or other serious consequences and constitute crimes, criminal responsibility shall be pursued in accordance with the law. The Supreme People’s Court further formulated the Measures for Implementing the “Regulations on Recording, Reporting, and Pursuing Accountability of Leading Cadres Who Interfere with Judicial Activities and Intervene in the Handling of Specific Cases” by the People’s Courts, and the Supreme People’s Procuratorate formulated Certain Regulations Regarding Strengthening the Internal Supervision of Law Enforcement’s Handling of Cases in Order to Prevent Pleading for Mercy and Other Interference. These and other complementary measures further safeguard, on the systemic level, the independent exercise of adjudicatory and procuratorial powers by people’s courts and people’s procuratorates, respectively, in accordance with the provisions of law, free from interference by administrative organs, organizations or individuals.

三、采用更多规范性暂行特别措施,例如配额,以便加快妇女全面而且平等地参加各类选举产生的和经过任命的机构 [第 31段(b)]

III. To adopt more prescriptive temporary special measures, such as quotas, in order to accelerate women’s full and equal participation in elected and appointed bodies (para. 31 (b))

中国积极实施配额等暂行特别措施,推动妇女参政议政。一是认真落实配额比例。根据《中国妇女发展纲要(2011-2020年)》中期统计监测报告,女性参与政府和企业决策管理的比重上升。全国人大代表和全国政协委员中女性比重提高,女性公务员比例不断提高。2015年,中央机关及其直属机构新录用的女公务员占录用总人数的51.9%。企业董事会中女职工董事占职工董事的比重为38.4%,居委会成员中女性比例为49.2%,实现纲要目标。各地在村委会换届选举中认真落实2013年民政部发布的《村民委员会选举规程》,包括其中的暂行特别措施。例如,2016年,北京市村委会换届选举,实行妇女委员专职专选,新当选妇女委员占总数的32.4%,确保村村都有妇女委员。2016年9月发布的《国家人权行动计划(2016-2020年)》中明确规定:到2020年,村民委员会成员中女性比例达30%以上,居民委员会成员中女性比例保持在50%左右。二是审查修改原有的暂行特别措施,更好地保障妇女平等参加政治生活和公共生活。2015年国家有关部门印发通知,明确规定正、副县处级及相应职务层次的女干部和具有高级职称的女性专业技术人员,年满六十周岁退休;同时规定,如果本人申请,可以在年满五十五周岁时自愿退休。此外,政府还开展了妇女参政配额制研究,不断推进妇女参政。

China has actively taken temporary special measures, including quotas, to promote women’s participation in and discussion of politics. First, [it has] conscientiously implemented quota ratios. According to the mid-term statistical monitoring report for the Program for Women’s Development in China (2011-2020), the proportion of women participating in decision-making and management in government and enterprises has increased. The proportion of female deputies to the National People’s Congress and the National Committee of the Chinese People’s Political Consultative Conference has increased, and the ratio of female civil service personnel has grown continuously higher. In 2015, female civil service personnel comprised 51.9 percent of all civil service personnel newly employed by central government organs and their directly affiliated institutions. On corporate boards of directors, female staffers composed 38.4 percent of all staffers sitting on the board of directors. In residents’ committees, 49.2 percent of the members were female, meeting the goal set by the Program. Elections of villagers’ committees in various regions have conscientiously implemented the Rules and Procedures for Elections of Villagers’ Committees issued by the Ministry of Civil Affairs in 2013, including the temporary special measures therein. For example, in 2016, the elections of villagers’ committees in Beijing held a special election for committee member positions specifically designated for women. As a result, 32.4 percent of the newly elected committee members were women, ensuring female committee membership in every village. The National Human Rights Action Plan (2016-2020) issued in September 2016 clearly stipulates that by 2020, the proportion of female members in villagers’ committees will exceed 30 percent, and that of female members in residents’ committees will remain at around 50 percent. Second, [it stipulates] the review and amendment of previous temporary special measures to better guarantee women’s equal participation in political life and public life. In 2015, relevant national authorities published notices clearly stipulating that female cadres who are directors or deputy directors of county divisions and those occupying positions at equivalent levels, as well as senior-level female professional technical personnel, shall retire at the age of 60; at the same time, stipulating that one may apply to voluntarily retire at the age of 55. Furthermore, the government has also conducted research on the quota system for women’s political participation to continuously promote women’s participation in politics.

四、彻底调查关于针对独立候选人身份参选的妇女的虐待和暴力侵害指控,确保犯罪分子受到起诉和妥善惩处; [31段(d)]

IV. To thoroughly investigate allegations of violence and abuse against women who stand for election as independent candidates and ensure that the perpetrators are prosecuted and adequately punished (para. 31 (d))

中国选举法对人大代表的选举程序作出了明确规定。公民参选人大代表以及一切选举活动,都必须在法律规定的范围内,严格依法按程序进行。根据选举法,任何公民参选县乡人大代表,首先要在选区进行选民登记,由选举委员会对选民资格进行审查和确认;其次,要依法被推荐为代表候选人,按照选举法规定,代表候选人由各政党、各人民团体联合或者单独提出,或者由各选区选民十人以上联名提出;第三,代表候选人由选举委员会汇总后交各该选区选民讨论、协商,根据较多数选民意见确定正式代表候选人名单,必要时可以通过预选确定正式代表候选人名单;第四,由选举委员会统一组织开展对代表候选人的介绍活动。

China’s Electoral Law makes clear stipulations for the electoral procedures at people’s congresses. Citizens standing for election to people’s congresses and all other electoral activities must proceed within the scope of legal provisions and in strict accordance with procedures as prescribed by law. According to the Electoral Law, any citizens standing for election to people’s congresses at the county or township level must first complete their voter registrations in their respective electoral districts and have their voter qualifications checked and verified by their election committees. Next, [they] shall be recommended as candidates for deputies in accordance with the law. According to the provisions of the Electoral Law, various political parties and people’s organizations may either jointly or separately recommend candidates for deputies, and a joint group of at least ten voters may also recommend candidates. Third, the election committees shall collect and submit lists of candidates for deputies to voters in their respective electoral districts for discussion and consultation, and then determine the lists of official candidates for deputies according to the opinions of the majority of voters. When necessary, the lists of official candidates for deputies can be determined through primary elections. Fourth, the election committees shall be in charge of organizing and conducting activities to introduce the candidates for deputies [to the voters].

基于上述规定,县乡人大代表候选人,只有由各政党、各人民团体和选民依法按程序提名推荐的“代表候选人”,经讨论、协商或经预选确定的“正式代表候选人”。

Based on the above-mentioned stipulations, candidates for deputies to people’s congresses at the county or township level must first be nominated as “candidates for deputies” by various political parties, various people’s organizations, or voters in accordance with the law and the procedures prescribed by law, and then be determined as “official candidates for deputies” through discussion and consultation, or through primary elections.

五、通过采取特定手段促进和方便在族裔和宗教方面属于少数群体的妇女参加,确保《国家人权行动计划》得到落实 [31段(e)]

V. To ensure the implementation of the National Human Rights Action Plan through the adoption of specific measures to promote and facilitate the participation of ethnic and religious minority women (para. 31 (e))

2014年以来,中国政府采取有力措施,确保少数民族及妇女权利继续得到有力保障,基本实现国家人权行动计划(2012-2015年)》预期目标。

Since 2014, the Chinese government has taken vigorous measures to ensure that the rights of ethnic minorities and women continue to be effectively guaranteed, basically meeting the goals anticipated in the National Human Rights Action Plan (2012-2015).

一是保障少数民族妇女平等参与管理国家和社会事务的权利。政府加强对少数民族妇女干部培训,选拔优秀的少数民族妇女进入民族院校,或其他院校学习、进修,全面提高其综合素质以及参政能力。在干部选拔中,采取一定的倾斜措施,如对具备同等条件的男女干部,优先提拔女干部;在公开选拔干部时,拿出部分职位定向选拔女性。少数民族妇女干部的数量明显增加。例如:2015年,青海省少数民族女干部比例达到36.28%。

First is guaranteeing the rights of ethnic minority women to equal participation in managing state and social affairs. The government has strengthened the training efforts for female cadres of ethnic minorities, and selected outstanding ethnic minority women to attend universities for ethnic groups or other educational institutions to learn and further their studies, in order to comprehensively increase their overall quality and capability for political participation. In cadre selections and promotions, certain preferential measures have been taken. For example, where a male and a female cadre possess the same qualifications, the female cadre shall be prioritized for promotion; during open cadre selections and promotions, some positions shall be set aside exclusively for promotion of women. The number of female cadres of ethnic minorities has seen a visible increase. For example: in 2015, the proportion of female cadres of ethnic minorities in Qinghai Province reached 36.28 percent of total.

二是加快发展少数民族教育,提高少数民族妇女素质。在少数民族地区积极办学并大力开展双语教学。专门开办女童班或女子学校,以提高女童入学率。为少数民族地区学生发放助学金、减免学杂费、对特别困难的给以适当补助,提高学生入学率和巩固率及综合营养状况等。

Second is accelerating the development of ethnic minority education and increasing the quality of ethnic minority women. [The government] has actively set up schools in ethnic minority regions, vigorously promoted dual-language education, and opened classes specially for girls or schools specially for women, in order to increase the enrollment rate of girls. [The government] has provided tuition assistance and partial or full tuition and fees exemptions to students in ethnic minority regions, and provided suitable subsidies to students with special financial difficulties, in order to increase enrollment rate, retention rate, and overall nutritional wellbeing, etc.

三是保护少数民族妇女的宗教信仰自由。中国五大宗教沿袭各自历史传统的同时,切实推动保障妇女的参与权利。中国回、维吾尔族等少数民族普遍信仰伊斯兰教,藏族等少数民族群众普遍信仰藏传佛教。保障伊斯兰教妇女平等参与朝觐活动。据不完全统计,中国每年朝觐的穆斯林群众中女性穆斯林占到48%左右。为方便女性穆斯林参加宗教活动,中国清真寺普遍开辟有妇女礼拜的区域。部分地区专门建有清真女寺,聘请女阿訇。在藏传佛教中,设有女性教职人员和专供女性修行的寺庙(觉姆和觉姆寺),这些均得到政府依法登记或备案。政府的养老、医疗保险政策及其他权益保障政策均惠及女性教职人员和她们的寺庙。

Third is protecting the religious freedom of ethnic minority women. At the same time that the five major religions in China carry on their respective historical traditions, [the government] has effectively promoted the guarantee of women’s rights to participation. In China, ethnic minorities such as the Hui people and Uyghurs are generally of the Islamic faith, and ethnic minorities such as the Tibetans are generally practitioners of Tibetan Buddhism. [The government] guarantees Chinese Muslim women’s equal participation in the Hajj. According to incomplete statistics, each year Muslim women make up around 48 percent of all Muslims in China who attend the Hajj. In order to facilitate Muslim women’s participation in religious activities, mosques in China generally have a special area set aside for Muslim women to attend religious services. In some places, there are mosques that were specially set up for women and employ female imams. As for Tibetan Buddhism, there are temples with female clerical personnel and set up for the exclusive use of women for religious practices (nuns and nunneries of Tibetan Buddhism)—these all have government registrations or records in accordance with the law. The government’s pension system, health insurance policy, and other policies guaranteeing rights and interests apply to female clerical personnel and their temples.

四是开展男女平等宣传活动,保障少数民族妇女平等权益。国家民委将有关妇女儿童权益保障的法律法规纳入普法规划,通过全国民族知识竞赛、全国民族教育工作会议、少数民族电视电影评奖活动、普法培训班、民族类出版社编辑业务培训班等,宣传民族平等、男女平等政策,加大对相关法律法规的宣传,营造尊重和关爱少数民族妇女的良好环境。

Fourth is launching activities to publicize gender equality, guaranteeing the equal rights and interests of ethnic minority women. The State Ethnic Affairs Commission has included in its law popularization plans the relevant laws and regulations concerning the guarantee of the rights and interests of women and children. Through the National Quiz Competition on Ethnic Affairs, the National Work Conference on Education for Ethnic Groups, awards for television programs and movies by ethnic minorities, law popularization training sessions, training sessions for editing professionals at publishers of ethnic content, among others, the government has publicized policies on ethnic equality and gender equality, increased the publicity of relevant laws and regulations, and created a healthy environment where ethnic minority women are respected and cared for.

综上,中国政府希望以上答复材料能有助于委员会更加全面客观地认识中国政府在促进性别平等和保障妇女权益方面所做的努力和取得的进展,中国政府将继续认真执行《消除对妇女一切形式歧视公约》,并在平等和相互尊重基础上与委员会开展交流合作,依法保障妇女权益、加大保障妇女民生,促进妇女事业与经济社会协调发展,推动妇女全面发展。

In summary, the Chinese government hopes that the responses above can assist the Committee in forming a more comprehensive and objective understanding of the efforts made and progress achieved by the Chinese government in advancing gender equality and guaranteeing women’s rights and interests. The Chinese government will continue to conscientiously implement the Convention on the Elimination of All Forms of Discrimination, and engage and cooperate with the Committee on the basis of equality and mutual respect, to guarantee women’s rights and interests in accordance with the law, strengthen the guarantee of women’s livelihood, promote the coordinated developments of women’s causes, the economy, and society, thus advancing women’s all-around development.

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