The Development Of Feminist Jurisprudence And Legislation In The Process Of Taiwan Feminist Movement

With the increasing demand for women's rights in society,legal enhancement of gender equality and protection of women's rights gradually become the major objectives of legislation.The feminist movement in Taiwan began to sprout in early 1980 s.After that,the feminist movement continued to develop,which promoted the progress of feminist law and the legislation of Taiwan.The budding period of Taiwan feminist movement refers to 1980 s to 90 s,the awakening of women's consciousness of equality as the first feminist movement.During this period,Taiwan affected by the Western feminist movement,started form justice of feminism in the early period.But,one-sided emphasis on formal justice also exposed the defacts of the feminist movement in the process of practice.The development of feminist movement refers to the end of the 1980 s to twenty-first Century.Because of Taiwan's martial law,the political environment has undergone enormous changes.Unlike the budding period which was under pressure and constraints in all aspects,it began to enter its fast development period.The feminist movement in campus,Taipei Association for the promotion of women's rights and interests and socialization of Academic movement make substantive justice began to show,including the breakthrough of female consciousness and envisaging all levels and the weak community interests.Besides,it put forward the concept of "empowerment".In twenty-first Century,the feminist movement has gradually entered the mature period.On one hand,it entered the system which did affect the authority discourse.On the other hand,scholars have launched a series of anti tradition Movement which has expanded the new dimension of society's understanding of women's rights.The concept of postmodern feminism has become an important proposition of the period.Driven by the feminist movement,the legislation of Taiwan also follow the exact pace.In 1980 s,with the prompting of formal justice,the constitution was amended.Because of the failure of the first amendment and reflection,by 1990 s,the revised family code didn't only focus on the equality,formally,but in all aspects.It brought a substantial equality for women.Prior to this,marriage and family has always been regarded as a private field in which the public power must not interfere.But in the revised family code,it added new clauses in maintaining the real equality between couples in order to protect the weak one in marriage.Among all,the most important part was the fixed property distribution system of husband and wife and established the equality of property right,right of disposing and Usufructus.in the distribution of surplus property the balance tilted to the vulnerable groups.In twenty-first Century,more and more women got out of the home and went into the field of public utilities.Practical problems faced by women has increased as well as the demand for rights,including the occupation for equal opportunity,and the prevention of sexual harassment in the work and study.With the efforts of various female groups,the legislature Taiwan revised Sexual autonomy clause;then,eugenics health law also Legalize abortion.Although these rules and regulations in the revision process encountered great resistance,but " the protection of women's rights " was never off the core of legal language.Taiwan's feminist movement and the legislation also had enlightening significance on the mainland.The mainland can set up the feedback mechanism of gender equality.It could reveal the real situation of women so as to cause the attention of the society and constantly adjusted policies and regulations.In the relevant legislation,make sure the guiding role of the right of speak and Guarantee the realization of the majority's right to speak.Studies on the feminist movement in Taiwan and the law have significant meanings both theoretically and practically.The research of feminist movement in Taiwan is equivalent to research of the history of feminist jurisprudence.It also means that with the lack of feminist jurisprudence,Taiwan experience could help us to construct a good legal structure,thus affecting the legislative trend.