| Gender equality is a basic national policy to promote the development of our society, as the equality of men and women is the core value of socialism righteousness. To define gender equality, gender theory can not be ignored,and this theory can be regarded as one core research on the protection of rights and interests of women in Western countries. This kind of theory firmly believes that the root cause of gender difference in social status is that gender culture has long been concentrated by the male, and that there is no direct relationship between the physiological differences between men and women. In this patriarchal concentrated cultural trend, the male are always initiative. No matter it is in the value idea or in the moral judgement or the esthetic standard above, a set of unique appraisal standard has formed. And later in the development men and women will follow the established standards, which ultimately leads to the existence of gender differences in social status. And gender theory opened up a new road to the rights when we study the relationship between men and women. According to the consciousness of social gender, They conducted a study of the concept of equality between men and women. Compared to theories before, there is great progress. The theory of social gender resides in both sexes of the above study, and can well solve the substantial gender inequality and awkward questions of legal equality, ultimately helping to prevent the enlargement of rights and interests of both sexes inequality and realize the equality of men and women in the choice and protection of the rights.The concept of gender consciousness in China has a long history of development as our country has a long history. Patriarchal ideology with long history,China traditional laws, customs and moral norms are combined organically and mutually support each other, resulting in China's traditional social concept of gender discrimination entrenched, which still has a profound impact today. After the founding of new China, the contents of gender appear in the constitution and greatly speed up the process of women's Liberation Movement and the social system makes women equal in the political, economic, cultural and other aspects of rights. The earth-shaking turn of the old and the new social system occurred overnight. But in the reality of social life, deeply influenced by the influence of the traditional concept of male superiority, issues such as sexual harassment, domestic violence and other gender discrimination are often artificially divided into the private sphere, and citizen's sense of gender discrimination is generally low, leading to the sufficient power against gender discrimination, imperfect legal issues against family violence and sexual harassment gender discrimination intervention. Many problems of gender discrimination are artificially placed in public power, so in each field of the society women still suffer discrimination and unfair treatment situation has not been fundamentally changed. The legal protection of women is often combined with the children; And there is more principles rather than measures in the legal provisions. In fact most legal protection in the right of equality is in a dummy state and not as prescribed by law as it is, which does not play a real role as well.This paper uses the theory of social gender to study the problems of men and women and on this basis deeply excavates gender inequality in order to find out the root causes of inequality between men and women. Through using of gender analysis method and studying the legal phenomenon to find blind law in gender, I discusses the oppression of women in the legal field from the legal theory, how to maintain the rule of men to women, as well as oppression and discrimination, which makes us think twice about the law on gender constraint and gender culture in the traditional sense in the term of gender analysis. Then we understand that gender discrimination is not the root of the formation of gender differences in physiology, and that physiological differences are not the cause of gender inequality. Physiological differences are objective, and it cannot infer that men hold this conclusion superiority. From the point of physiology, women have many advantages over men. But social norms and social and cultural causes of gender inequality lead to the differences between men and women and inequality. Therefore, we should perfect the legal provisions against gender discrimination, promote judicial practice against sex discrimination. Make a reasonable definition of the private sphere of freedom, and strengthen the protection of private women in the field of domestic violence.Through historical experience, we can learn that in the case of legal norms, because the beginning of the rights of the default configuration is different, eventually the interests of the two sexes pattern and the consequences are different. The current terms and current law do not take into account the female friend of awareness, and rights of man are fully reflected in the law, leading to that the legal concept, legal purpose, and the nature of the law are affected. Biased gender and incomplete understanding of "legal person" are embodied in the law. In the real life actual application of the law is not very flexible. Gender consciousness need get into social policy and development, and become the mainstream of the society. The complexity of the law should fully reflect gender. Manifest the feminine experience and use different ways to carry out publicity, so that gender will be equal. By modifying the culture, custom and tradition of the disadvantage of the women, the law should be adopted to modify the corresponding measures and countermeasures, so as to achieve the goal of achieving harmony between the sexes. |
PDF Full Text Request