Marriage And Family Legislative Idea In Gender

Gender theory has been used widely in academic area sine it was founded. It has great advantage in peering sexual discrimination of social order and political system. Gender is constructed. Men and women bear different social roles'expectation beyond biological sex. Marriage and family are important places of gender construction. Marriage develops circuitously in the history because of conflicting and compromising among different benefit groups. It has many kinds of factors that effect marriage modes. Those factors, either light or heavy, construct gender unity together. Conventional family structure consolidates constantly since women transaction regulation keeps going on for a long time. Domestic gender division accumulated day by day that causes androcentric reign deep-rooted and women enslaved. Gender embodied in marriage and family law. Because marriage and family law ideas have vivid times features which reflect and react on gender consciousness and lead the gender culture development direction in a certain extent. Therefore, marriage family legislation should focus on gender analysis, care about physiological and history experience of different sexual subjects and guide legislation with gender equality justice conception to allow marriage family law acts as basic gender legislation in legal system. With the change of gender consciousness in the past sixty years, three times of marriage family legislation of new China have different ideas. We could find that 1950's marriage law emphasizes women's liberation, 1980's marriage law pays attention to construct equal marriage family relation, and 2001's marriage law amendment introduces principal value of civil law to protect family member's independent consciousness and subjective statute. In order to establish equal gender marriage family order, it needs to promote gender justice and use the idea"individual standard, consider family and social benefits"to guide marriage family legislation. Based on this, it needs to analysis traditional marriage family ethics expectation, distribute family duty reasonably, ensure family member's gaining more adequate freedom, happiness and integrated development surroundings.