Marriage Law Gender Empirical Analysis

On the basis of a social practical investigation named "The New Marital and Familial Situation of China", this article, in virtue of the relative theories of sociology and law, reviews the applicability of existing Marriage Law of China in the social life, and analyzes the relative systems through the theory of social gender. Then, it points out the disadvantages that are against to the equal relation of spouses in the existing systems.It is an optimal way to scan the intention of a law and consummate the law by investigating the applicability of the marriage law. This article reviews the implementary situation of the exiting Marriage Law of China through the first hand investigation data. On the basis of the statistical data of the social practical investigation, it analyzes the limitations of the relative systems in the existing marriage law, the spouses' relation law and the divorced law in virtue of the theory of social gender, and then puts forward the advices to consummate the law.This article is divided into five parts except the foreword, about 40, 000 words in total.PartⅠintroduces the meaning of the theory of social gender to the research of the marriage law. This part firstly makes an introduction of the theory of social gender, including the definition, the origin and the development. This theory considers that people's gender consciousness and gender behavior are both shaping under the social life's condition; and the female' gender role is the outcome of our social life rather than the result of their inherent physical and mental factors. Then this part illustrates the relation between the theory of social gender and the research of the marriage law, and points out that the marriage law should adopt the theory of social gender.PartⅡexpounds the conception of gender equality in the marriage law. This part firstly reviews the conventional conception of equality and indicates that this conventional conception just reflects a formal equality regardless of individual differences. The modern conception of equality, which is constructed by differentiating the "male and female", differs the female from the male. It emphasizes the "essential equality" besides accepting the "qualificatory equality". The modern conception of equality should be adopted in the marital relation.PartⅢintroduces the investigation of "The New Marital and Familial Situation in China". With the intention to understand people's new thoughts about the marriage and family, the author carried out a social practical investigation in the form of questionnaire during the summer holiday in 2007. This part analyzes these statistics data and classifies the problems that the investigation reflects in according to the frame of the marriage law, the spouse's relation law and the divorced law.PartⅣis the practical analysis of the marriage law. This part analyzes the relative systems of the marriage law, the spouse's relation law and the divorced law. Then it points out that because of the absence of the theory of social gender, the existing systems have not exerted a satisfying influence on the social life.PartⅤsets forth the theory of social gender is the proper way for the marriage law. The theory of social gender is of great significance for the development of the Marriage Law of China. This part also offers the proposals for perfecting the existing Marriage Law of China.