The Legal Protection For Gender Equality

With the development of the society, the rule of gender equality has been written generally into the Constitution Law in many countries including China. It is the common ideal for the people supporting the women’s rights to carry out the gender equality, and it is also the indispensable tendency for the development of a society under the rule of law. Equality is the smooth and orderly basis of social life and it is the basis of all legislation. With the emergence of the first constitution after the founding of New China, the Chinese women finally obtained at the constitutional level, the long-awaited equal rights. This is the first time that women as men in the same legal principal were written into the constitution. The country’s highest authority determined the rights of women which taking the first step to achieve equal rights for women. However, with the progress in the development of society,and the adjustment of economic policy, the transformation of the social structure improved the quality of life of the people,and in the same time, it has also led to new social conflicts. To resolve these contradictions, I believe that it is an effective way to achieve gender equality and protect the rights of women by improving our Constitution and the relevant provisions of the law; strengthen legislation operability; enhance the legal awareness of citizens; establish a supervision system at last.Achieving gender equality, we must first clear the meaning of gender equality. I believe that gender equality is necessary to reflect on the allocation of rights of the sexes, the probability of opportunities as well as shared responsibility should equal division. Define and assign these rights as well as the contemporary legal system construction in China should join the women’s perspective and way of thinking, so that women are able to be involved in the level of power to the core. At the same time, we must agree that the protection of the differences in equality, that on the basis of recognition of gender differences in accordance with their respective characteristics taken certain tilt. Second, thousands of years of feudal Confucianism thinking patriarchal advocated far-reaching impact on people’s deep-rooted. After hairstyle country, China needs to improve gender equality in the legislative process and practical experience through more lessons abroad summary of lessons, learning the advanced Western courtries system thus promoting the reform of China’s top-down. By contrast the American feminist movement, we can see the development of the implementation of EU gender equality, although the countries have experienced many times of great historical significance of the feminist movement, but in the conservation status of national gender equality there are still many inadequacies.Analyze and summarize these deficiencies conducive to the improvement of gender equality protection, protection detours in the reform process, no detours. Again, in the analysis of the implementation process of the countries gender equality, for the quest of gender equality to achieve the road, we need to sort out today’s Chinese women political and economic status of the status quo, and then found that the problem lies. Of women’s political status quo in terms of the "Common Programme of the Chinese People’s Political succession, the Electoral Law of the People’s Republic of China," Marriage,"the People’s Republic of China Women’s Rights and Interests Protection Law," China in the1990s women development Goals "," Outline for the Development of Chinese Women "series of laws, policies, especially after the Third Plenary Session of the Eleventh Central Committee, China has indeed been made in women’s rights protection, a lot of progress.But over time, the defects in the women’s rights protection in China has gradually prominent, As scholar Li Huiying feminist status quo of China’s summary:"the participation of a wide range of sophisticated and real power defect. On the status quo in terms of women’s economic status in China, the paper mainly by sex discrimination by educational attainment, employment equity, retirement system to make a focus of analysis, concluded that:the degree of gender discrimination in China’s economic spheres of life increasingly more serious, so grow the burden on women in various fields of interest available a huge loss, it also brings many obstacles for the progress of China’s women’s protection work.Serious degree, our government must pay close attention to the gender discrimination in particular, should develop in awareness of gender equality legislators to improve laws and regulations and policies, in order to fundamentally solve the gender equality issues that have plagued our country for many years. Finally, the analysis shows that more than the status quo of inequality of gender equality protection in formal equality stages considerable extent, is not adequately reflected in the legislation, enforcement and awareness of gender equality in order to achieve substantive gender equality.To solve this problem, I believe that China should implement gender theory to the legislative level, the legislative bodies to fully consider the female gender hidden behind discrimination in the legislative process, and thus the improvement of legislation, make up the relevant legal loopholes to achieve in real terms effect on gender equality. Enforcement as implementing the law for wrongdoing important means of containment and punishment, the second important issue is for each country to be considered in the improvement of legislation.Especially in our country, many of the issues on the legislative level has the authority to develop, but at the level of law enforcement has always issues abound so that law enforcement is weak, difficult to guarantee the effectiveness of law enforcement. Operability problems in law enforcement issues in the process of achieving gender equality legislation should also be worthy of our attention. In addition, our women’s awareness of women’s rights are generally weak, especially in the vast rural areas, a very small probability of the effective exercise of the rights of women, the oppression of women, the frequent cases of domestic violence, these are weak women’s legal awareness of legal knowledge the lack of a direct relationship. Therefore, to strengthen the legal awareness of citizens is the premise to help women achieve equal rights, personal rights and basic human rights, is an important topic in the development of gender equality and the protection of women’s rights in China. The same time, in addition to legislation, enforcement issues must be resolved to establish an effective monitoring mechanism to supervise the implementation of the related work is also imperative. This will ensure that the citizens of "the law, the law must be strictly enforced, violators are prosecuted". Supervision mechanism is both the supervision of the work of law enforcement agencies, civil rights protection work. Civic rights have been infringed, at redress, at the consultation, the ensure that petitioners rate of decline, safeguard social fairness and justice.In summary, these measures complement each other and there is continuity, the maintenance of women’s rights and gender equality is important and must not be taken lightly particular aspect or emphasis on a particular aspect, should pursue a comprehensive and coordinated development. Only harmonization of favorable measures in a system in order to promote all aspects of fully play its role, together for the realization of gender equality and protect women’s rights to provide effective guarantees. I firmly believe that the status quo of gender equality will be improved with the perfection of the legislation, the agency’s formation, enhanced awareness of gender equality will be the most comprehensive and effective protection.