The Balance Of Rights&Obligations Between Husband&Wife In A Feminist Perspective

Equality of men and women has long been anissue of great concern to theinternational community, and China’s basic national policy. Has been positivelegislation to improve and enhance the social status of women, promote women’sliberation of our country since its founding. However, the gender equality on text ofthe law delay into the reality, women still often feel themselves to be unequaltreatment, but helpless by laws. One can not help but feel very strange: why thelawsthat claim "equality" could have failed it? Which aspects gowrong? This paperattempts to focus on the differences between the genders from a feminist perspectiveto reveal the text of legal equality, which implies a disregard of the rights of women,to explore a road that from legal reform to the change of social attitudes.IntroductionGender equality written into the law, but not in real life. There is no need to waitfor the self-change of social attitudes, legal intervention is justified and feasible. Thefeminist movement of the Western countries on the protection and realization of therights of women can not be ignored, from Liberalism feminismto Radical feminism,Marxist feminism, psychoanalysisfeminism, Third World feminism’s theory, and thento Postmodernfeminism, every feminist theory focuses on specific rights of womenof a certain period, promoting the effective political movement and legislation. Chinais very different from Western countries with the concern of women’s rights. Thebeginning, our country take the women’s liberation as part of the New CultureMovement, part of the class struggle, in which women only have a class attribute, butno gender attributes. Incomplete liberation of women leads to women’s rapidlydisappearing in the political arena after the success of the class revolution, and theirback to the family. Now it’s necessary to re-examine the situation of women from thevalue of women themselves, and this paper discusses the protection of the rights theydeserve. Chapter IEngels’s theory of "two kind of productions"shows the importance ofreproductive activities to human, and which activity is mainly accomplishedbywomen. From the meaning of the text, reproduction commonly referred to is anexclusive behavior of women. The reproductive rights on law can be divided intothree levels: the rights of women’s parturition, the rights of natural persons of futuregenerations, the right to obtain the statutory maternity qualification. If wecategorically ignore gender differences, and generalize reproductive rights, we can notcorrectly understand the different status and rights between sexes in reproduction, soreproductive right in this article refers specifically to women’s rights of parturitionunder the premise of the statutory eligibility. On this premise, reproductive right is thepersonality rights of women, and the so-called "male reproductive rights" means onlymen enjoy a right to the spouse. In specific personal relations, namely under theframework of the marital relationship, a man caninfluence the woman by the right tothe spouse, but not direct control the woman personal. Thesurrogate motherrealizetheir own reproductive rights, and the law permits them statutory maternityqualification because there is a principal, while the surrogate motherwill not form agenetically related with the generation of children shegive birth to. Reproductionhaseconomic value both to society and the private, which should be protected.Chapter IIDomestic Labor is a social mode of production, but because the field has beenattributed to the "private" and thus did not enter the market circulation, it does notshow the exchange value. Domestic Labor on society, the role of supporting theproduction of the public sphere of society, its value reflects the social value created bythe family unit; within the family, the household labor party has invested time andenergy to the other party to go out to work to earn, reward, or learning, training toimprove their human capital. Unpaid household labor has led to tangible wealth of the family and intangible wealth is embodied in non-domestic labor side of the body.Housework, which caused two dangers: loss of economic rights in the family or out ofmarriage, their own labor relative investment can not get a reasonable return.Domestic labor in China is still mainly borne by women, the value of household labordoes not reflect the will result in female systemic deprivation. To solve this problem,the necessary protection of women during the marriage lasted control of the maritalproperty, given the right to know and housework claim; the end of the marriage, toexpand the definition of common property, the establishment of a divorceMaintenance System.Chapter IIIDomestic violence is a concentrated expression of the gender inequality withinthe family, but has been considered to belong to the scope of "private life" andlong-term lack of legal attention. This has led to violent abuse of women as a genderclass and nowhere to turn for relief. Domestic violence, including physical violence,psychological violence, sexual violence, property violence.Occurrence of domesticviolence history and tradition, individual psychological, social and cultural and otherreasons, but ultimately, indifference due to the patriarchal society, women’srights.Domestic violence victims of women’s personal and social, with great dangers,is a serious human rights violations. The international community is to look atdomestic violence as a major political issue, many countries have carried outcomprehensive relief measures for victims of domestic violence, including criminal,administrative, civil protection of the various legislative, and community rescueservices and telephone counseling hotline. China’s domestic violence remedies in veryshort supply often is no one in the early stage of development of domestic violenceintervention, to serious personal injury incident until after the jurisdiction by law,right to reduce the victims of domestic violence to no avail. Domestic violence as aninfringement on personal behavior, you can define the composition of the tort liability,but it should be noted on the distinction between domestic violence and a general sense in the legal husband and wife disputes. Effective remedies in Western countries,China can be introduced into the civil protection system and the marital system ofcompensation. Punish domestic violence is not the civil law a department cancomplete the task that requires a community effort.