A Gender Analysis On Marriage Law Of The PRC

Female rights related to the well-being of all mankind, female status to reflect the changes in time. Concerning about the great importance to the interests of female, protecting female rights, both are the historic tasks of human society. Marriage and family as the basic unit of human society is a microcosm of society must, of marriage and family status of female directly reflects their social status. If the field is not at home a fair, equal right, then female will not receive any form of equal rights, therefore, the rights of female in marriage and family is essential.Since the founding of PRC, China's three amendments to the Marriage Law is enacted with a different historical stage of female rights in marriage and family laws to promote and build process, and improved and improved. However, in the course of the implementation of the Marriage Law, there is lot of female rights become a mere formality, a far cry from the situation from the equality between male and female. A large number of problems related to the status of gender relations and female can not solved. "Neutral" view of the development of the Marriage Law and the protection of the rights of female could not find loopholes in the law, only the gender awareness into the society will be to restore the people in the law as "pedestrian", from a gender perspective to Law, the Marriage Law in order to reveal the watch like equality under the law of the irrational structure hidden.Marriage Law of our country at three different stages of development, they persist in varying degrees of physiological characteristics for the women to carry out the provisions of special protection, and improving, but areas of the face of male and female gender differences in the attitude of the Marriage Law does not strongly. Against a specific right to adopt different times have different protection requirements can be divided into "the same protection" and "the different protection " of two different ways, in theory, there are "the same equality" and "the different equality " between the legal method . Two different legal approach, whether the case is to protect the rights of female in marriage law into the right road?In this paper, using of gender analysis, historical comparison, analysis of the three stages of the development of Marriage Law of the PRC - " Marriage Law of the PRC in 1950", "Marriage Law of the PRC in1980" and " Marriage Law of the PRC in 2001", amendment-making process, the basic content, guidelines, values, etc. changes in development; study three specific questions of legal texts adopted by the different protection of the provisions of the Marriage Law summarized the changes in women's rights for the development of the basic law. Value Analysis and Comparison of the differences through the protection and equal protection case is more suitable for the current Chinese legislation to protect marriage and family rights of female into the legal road. How can we consider abandoning the traditional concept of equality in order to better enhance gender awareness and the effective protection of female rights.The full paper of a total of more than 47,000 words, divided into 6 parts:Account of the introduction of the article to address the problem, research, research methods and research significance.Chapterâ… existing rights and the right to form the basis to define the meaning of female rights, female rights to draw a simple definition , female marriage and family rights to do the classification.Chapterâ…¡Marriage recalled the historical development of the process of change, from the female perspective, the study in 1950, 1980 and 2001 amendment-making process, the basic content, guiding principles, values and so on. Marriage and family from the female personal rights and property rights in two different periods for different provisions of law analysis, history, summed up the characteristics of the Marriage Law of the period, a new Marriage Chinese female rights protection through the "difference in protection - equal protection - no sex differences in the protection of the alleged "change in the law.Chapterâ…¢from the feminist "equality and the same difference between equal" access to legal rights for female and male treated equally, regardless of differences, it is a kind of discrimination, female rights and the protection of the original conflict inspired by the theory of female gender analysis of gender differences come to the conclusion:In the survival and development, social participation in the competition, equal treatment between male and female if, for the protection of the rights of female to take the same principle, in a disadvantaged position has been eliminated from the inevitable general are female, this formal equality, in essence, are for female inequality. Want to bridge the gender gap in the historical, the achievement of gender equality, social equality should be taken to the principle of gender differences, gender differences in the characteristics of concern to women, give female more benefits and tilt. Gender equality in mind, the difference is an inevitable choice for Marriage.Chapterâ…£on the basis of protecting female rights, the goal of building a harmonious relationship between the sexes, from a gender perspective, analyze and solve our country from the current field of marriage and family and female rights are closely related to problems of our country, "Marriage," the revision and perfection of the idea put forward .Some concluding remarks pointed out that under the theory of gender differences in the protection of the rights of female, male and female do not lead to the opposite sex; the contrary, the differences in the protection of female rights, female liberation is to lift the gender system of the shackles of both gender, making male and female gender freedom, harmony and development.