The Thinking Of Jurisprudence About Implanting Gender Perspective Into Legislation

In the mid-1990s, the introduction of the concept of gender had been taken to China, which has aroused great repercussion. "Gender"concept penetration in feminine principle. "Gender" theory believed, The society to the amphitricha role and the behavior anticipation often is extending which stipulated to the amphitricha biological sex, the people present sex idea is the socialized product, thus is may change. It distinguishes human's natural sex and the gender, emphasized the sex the social construction, the male and female difference and the status not equal are not the biological strength decisions, emphasized the sex is formulates by the culture, it emphatically in culture to both sexes standards.However, about gender perspective or approach to be applied to the field of legal research, in particular, how to apply for the socialist legal system in the study, the methodology of this kind have not yet touched. practical application of the gender perspective of the legal system or method of text, or Probe into legislation, law enforcement, judicial, and other legal process, research results, it is rare. China's legislation status on gender and women rights of the international treaties, international standards, by that we can see the necessity and urgency of a serious legal issues of gender, and the current research is urgently needed in the text of legal norms and legal operation of the two aspects system started. The former system combing through all the existing literature for specific legal norms carried out by the controversy, the use of gender analysis methods seizure trial version of the laws and regulations that may exist gender blind spots; latter mainly through legislation, law enforcement, judicial, and the legal profession Empirical research, the study of the existence of gender bias and discrimination, and if there are ways to exist, and how formation.This paper is divided into four sections. The first chapter discusses in more detail that the formation of gender theory, development, and basic concepts and theories of major significance, and to extend the study of law in a gender perspective into the community should pay attention to the issue. Chapter II examines China's relevant legislation, mainly from the perspective of gender, based on the more important of the four women's rights. Through the operation of the above-mentioned rights legislation and practice, and examining China's relevant legislation, the current legislation in China revealed the existence of problems, and to understand China's legislative gender deficiencies in the status and its causes concluded. Chapter III introduces legislation in these countries and the entire legal community in the operation of a gender perspective into the successful experience and specific measures. The fourth chapter sets out specific ways of the gender perspective into legislation. Including redefining the concept of equality between men and women, choosing China's legislative strategy, and improving international human rights law, improving domestic legislation, the main legislation raising gender awareness, and give full play to women's role in various women's organizations, the establishment of a gender equality indicators system etc..