| As a useful term,Gender was mentioned the first time by an American anthropologist Gagle Rubin ,This definition was gradually developed by the femilists and now is definited as the proclivities and the characteres of the male or female and the relative social roles of men or women in the economic and social position and the oppotunity differnces . This meaningful term is regarded as a milestone for the liberation of the females and arose the continuous controversies in different schools for the equality between man and woman. Based on the objection to patriarchy,they bitterly debated and strived for the equality and come into one and another new research stages on the equality between man and woman.The civilization developed continuously,so the whole enviorenment of the world is helpful for the enhancement of the females' position and is favourable for the equality between man and woman. Most countries have stipulated the equality between man and woman in the form of law and the regulation protecting the females' rights can be seen in the legislation. However,in the real life,females can't enjoy the real equality and there are many reasons for this situation. This paper began from the definition Gender and analyzed the traditional concepts of equality and tried to explain that the former what-is-called equality wrong point of view which wanted to efface the existing difference between man and woman and wanted to get the absolute equality. With the help of some postmodern terms and views,the writer tries to descontruct the traditional mode of equality and tries to take advantage of the individual characters of man's and woman's to make them can enjoy differential equality on the basis of admitting the influence of gender on man and woman. The writer also suggests that the party that take more duties or lossed because of the differential equality should be compensated by the government through the laws,policies and economic approaches. Thus,the realization of real equality would be achieved.This paper is divided into three parts. The first part mainly explained the definition of Gender and the meaning of the research on the equality by analyzing the main ideas provided by the Liberal femilists,Radical femilists,Marxism feminists,Postmodernist feminist. Then,analyzed the Gender ideas of woman's low social position formed from Qin dynasty,of the challenge to the personal independency and the advocate for the preliminary equality of Public Social Intercourse formed in the New Culture Movement in 1919,of the classes struggle in Chairman Mao's period,the conditional equality between man and woman formed from Deng' period to these days. Finally,the writer pointed that the main reason that woman can't enjoy the real equality is that the traditionalequality ideas neglected the difference between man and woman,and quested for the one-sidely absolute equality. The writer also pointed that the modern woman is encounting the delema if they want to cater for the traditional ideas of equality and if they want to get the real equality they must have new ideas on equality.The second part pointed that the traditional understanding of right would lead to the misunderstanding that only the absolute equality is the real equality. The writer made a jurispudential research on the misunderstanding of absolute equality and then pointed that there are physiological differnces and social defferences between man and woman.This paper also said that we should construct a new equality idea which has two parts. The first is that we should not only value the laws that stress the equality but also value if man and woman have aquired the realequality;the second ,there are three kind of rights-due rights,legal rights and real rights.the lastone should be paid more attention;the current laws should in accordence with the resulting equality and essential equality. On the reconstructed equality idea,the writer tried to construct a theorical framework which has two charcters on equality and made it as a criterion for the laws an...
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