On The Formal Equality And Substantial Difference For The Marriage And Family Rights Of The Minority Women In Rural Area Of Xinjiang

The development of the female affect the male, the progress of society.The development of society isinseparable from the women. With the development of rural economy and society, women’s economicstatus and social status has been improved.Especially with the promulgation and implemented of "Marriagelaw","Women’s rights and interests protection law "and "Rural and contract law",the rights of women’spolitical participation,education and training,land and property rights and interests have been protected bythe law.However, the level of provisions of the law on women and men have not changed the unequal statusin practice,the gender discrimination still exists in daily life widely. Especially for the ethnic minoritywomen living in rural areas of Xinjiang,only for the empowerment simply,which didn’t change the presentsituation unequal to the male.By the gender perspective,this article analyses the rights of minority rural women’s marriage andfamily,including the rights of minority autonomy, reproductive rights and environmental protection, thedecision of family business, family property ownership, inheritance and protection of the rights andinterests of divorce,and analyses the gender discrimination in the national law and a series of rules inXinjiang to pratice the national law. This article puts forward some legal aspects of the formal equality andessential difference betweenWomen and male in real life,so as to provide methodological support to solvethe legal obstacle for women in development. This article also hope to give the minority women’s specialhumanistic care and legal consideration, to realize the development of law and the consciousness of femalesubject on the general protection of human rights.