智仁新闻 | 情暖三八节,智仁律所为在杭外籍女性提供免费法律咨询
Zhiren Law Firm Provides
Free Legal Advice
to Foreign Women in Hangzhou
2022年3月4日,适逢国际三八妇女节来临之际,智仁律师事务所青年工作委员会联合律所涉外业务部、金融业务部,特邀浙江工业大学法学院副教授、法学博士钱江为在中国学习和生活的外籍女性就女性合法权益保护问题,提供了具体而详尽的免费法律咨询。
On March 4, 2022 just before the International Women's Day, the Youth Working Committee of Zhejiang Zhiren Law Firm, together with the Foreign Affairs Department and the Financial Business Department of the law firm and Doctor Qian Jiang who is the associate professor of Zhejiang University of Technology provided specific and detailed free legal advice on the protection of women's legitimate rights and interests for foreign women studying and living in Hangzhou, China.
此次公益活动吸引了来自也门、约旦、黎巴嫩等在杭外籍女性前来咨询。涉外业务部首席林芳律师首先就中国当下婚姻制度、妇女儿童权利保障现状、以及中国民法典中婚姻家庭篇的法律规定,为外籍女性们作了简单的介绍和解读。之后,针对她们提出的关于在杭外籍女性的法律援助、家庭暴力、婚姻家事、子女抚养、隐私保护等问题,由林芳律师和钱江副教授作了细致且具有实践意义的解答。
This public service attracted foreign women of Hangzhou came to law firm for consultation. Those consulted came from Yemen, Jordan, Lebanon and other countries. Lin Fang, the chief lawyer of the Foreign Affairs Department of Zhiren, made a brief introduction and interpretation for those consulted on China's current marriage system, the protection of women's and children's rights, and the legal provisions of marriage and family in China's Civil Code. After that, lawyer Lin Fang and Associate Professor Qian Jiang gave detailed and practical answers to their questions about legal aid, domestic violence, marriage and family affairs, child rearing and privacy protection of foreign women in Hangzhou.
在杭的外籍女性们特别提到,在网上公开的照片有时会被不法分子恶意P图,发到不良网站上四处传播,被长辈和朋友看见,极大地影响了自己的名誉,对生活和学习造成很大困扰。对此,林芳律师建议,首先要联系互联网的社交平台,通过平台的投诉举报渠道反映这一问题,让平台在最短时间内下架图片或视频,惩处发布者,对发布者禁言或作注销账号处理;如果情节严重、涉嫌刑事犯罪,受害者可以以侮辱罪或诽谤罪向公安机关报案,让公安机关立案调查具体犯罪事实。钱江副教授建议受害者可以第一时间寻求律师帮助,固定证据,以侵犯肖像权或名誉权为由民事起诉侵权人,如果发布平台未尽到应尽的审慎义务,比如在收到投诉后没有及时下架相关侵权图片,还可以附带起诉平台要求其承担连带责任。外籍女性们在了解了保护自身权益的有效途径后纷纷表示,中国的法治环境和治安状况让她们安全感强,接下来还会继续愉快地在中国学习和生活。
Those consulted especially mentioned that some young women’s photos published online are sometimes maliciously modified and sent to illegal websites by miscreants and spread everywhere. Those photos may be seen by the young women’s elders and friends, which has greatly reduced young women’s reputation and caused great trouble to their life and study. Lawyer Lin Fang suggested that those young women were victims; they should contact the operator of the Internet and ask them to take pictures or videos off in the shortest time, forbid the publisher or cancel the publisher’s account. If the circumstances are serious and a criminal offence is suspected, the victim can report to the public security organ for the crime of insult or defamation, and let the public security organ file a case to investigate the specific facts of the crime. Associate Professor Qian Jiang suggested that the victims could seek the help of the lawyer, fix the evidence under the lawyer’s guidance, and sue the infringer for infringement of the right of portrait or reputation. If the operator of the internet fails to fulfill its obligations, such as not delete the pictures or videos suspected of infringement in time after receiving the complaint, the victims can also file a case against the operator of internet to require it to bear joint and several liability with the infringe. After learning about the effective ways to protect their rights and interests, those foreign women said together that China's environment and public security situation are very good and they will continue to study and live happily in China.
女性权益保护一直是智仁律师事务所重点关注的议题之一,此次针对外籍女性群体,面对面的免费圆桌法律咨询,不仅帮助她们了解了中国女性权益保护的具体法律制度,为她们生活、学习中遇到的侵权事件提供了细致的法律咨询服务;同时也是我省律所涉外法律服务中一次新颖且有益的探索,为积极传播我国法律制度与法律文化、促进与“一带一路”国家女性在贸易、教育、婚姻家庭等领域的交流与未来的服务合作,起着积极与建设性的作用。
Zhejiang Zhiren Law Firm is always focusing on the protection of women's rights and interests. This Round table free legal consultation for foreign women not only helped them understand the specific legal system of the protection of women's rights and interests in China, but also provided them with detailed legal consultation services for infringement events encountered in their life and study. At the same time, it is also a valuable and meaningful exploration in the foreign-related legal services of law firms in Zhejiang Province. Such public services play a positive and constructive role in actively disseminating China's legal culture, promoting exchanges and future service cooperation with foreign women of the “One Belt and One Road” countries in the fields of trade, education, marriage and family.