On The Cross-protection Of Women’s Personal Rights And Interests

The intersection of administrative protection and criminal protection mainly refers to the phenomenon of overlapping legal relationships between administrative legal norms and criminal legal norms in realizing and relieving civil rights.From the perspective of rights remedies,China’s public law adopts a gradient and orderly dual sanction model for illegal acts infringing on women’s personal rights and interests.Because of the overlapping jurisdictions and shared behavior patterns between administrative cases and criminal cases,there are still cross-cutting problems of “ cases are not transferred,cases are difficult to transfer,administrative punishment replaces criminal punishment,and criminal punishment replaces administrative punishment ” in grassroots practice,as well as the lack of management and regulation of some administrative law enforcement organs.All these make the cross-protection of women’s personal rights and interests face practical difficulties,especially in the most common cases of minor injuries in real life.Therefore,it is necessary to carry out research on the pain points and difficulties in the process of grassroots practice from the perspective of public law.Firstly,this study sorts out the conceptual definition,evolution trend,internal mechanism and institutional value of the intersection of administrative protection and criminal protection of women’s personal rights and interests,which lays a solid foundation for the research.Then,through normative analysis,case analysis,causal analysis and other methods,the laws,regulations and normative documents related to the cross-protection of women’s personal rights and interests in China were analyzed,and relevant cases and data were collected with the help of data platforms such as pkulaw.com and the official website of the National Bureau of Statistics,and it was believed that the current problems in the cross-protection of women’s personal rights and interests in China were mainly in the following four aspects: Firstly,due to the unclear legal concepts and the sharing of behavior patterns,the blurred boundaries between crime and non-crime were not perfect;Secondly,the problem of unsmooth connection caused by the one-way nature of case transfer and conflicts between system provisions and grassroots practices;Thirdly,the problem of inconsistent standards caused by vague legal provisions and differences in subjects’ cognition;Fourthly,supervision is not in place.In order to solve the above problems,this thesis fully considers the specific situation of grassroots practice,aims to promote the development of the rule of law,and discusses the rule of law path to improve the cross-protection of women’s personal rights and interests from four aspects: the improvement of legal provisions,the improvement of connection procedures,the unification of implementation standards,and the strengthening of rule of law supervision.This study focuses on the intersection of administrative protection and criminal protection in the field of protection of women’s personal rights and interests,which is a response to the construction of social rule of law and the substantive and equal development of gender in the new era,which is conducive to giving full play to the unique role of women in social and family life,significantly enhancing women’s sense of happiness and security,and adding impetus to the promotion of gender equality and women’s all-round development at a higher level.