On The Systematization Of The Legal Protection Mechanism For Women’s Rights In China

With the help of legal systematization,this article intends to explore the ideas and methods of improving the legal protection mechanism for women’s rights and interests in China in the new era.Except for the introductory part,the article is divided into four parts.The first chapter takes the theory and method of legal systematization as the main content and introduces the inner and outer system of legal systematization,as well as the elements and standards that legal systematization should possess and achieve in the specific operation process.The second chapter depicts the ideal picture of applying the perspective of systematization to the legal protection system of women’s rights and interests and structures the ideal picture in terms of guiding ideology,internal system and external system.Chapter 3 describes the deficiency of the Chinese existing legal protection system for women’s rights and interests,i.e.,the current issue of Chinese legal protection system for women’s rights and interests is value objectives lagging behind,inadequate external system,and insufficient coordination of the system’s operation mechanism.Then,in Chapter 4,the methodology of legal systematization is applied to propose the improvement paths for the above defects.An ideal system of legal protection mechanism for women’s rights and interests should be in line with the value objectives of women’s rights and interests protection of the times,therefore,establishing a highly consistent internal system of women’s rights and interests protection and a harmonious and well-rounded external system of women’s rights and interests protection is quite necessary.However,there are some problems arising from current legal system of women’s rights and interests,be subject to the Constitution and the main body of the law on the protection of women’s rights and interests in China,such as relatively conservative value orientation,unreasonable overall codification perspective,lagging legal principles and hollow legal norms.Since the laws related to the protection of women’s rights and interests have very different characteristics from the traditional sectoral laws,the laws related to the protection of women’s rights and interests are the legislation of private law to protect the identity interests of specific groups in an inclined manner.In order to improve the mechanism of protecting women’s rights and interests in China through systematic thinking,we must first clarify that the protection of women’s rights and interests should be the unified purpose of a series of legal norms,and then the existing legal provisions for the purpose of protecting women’s rights and interests should be principled,specified and institutionalized.Only through the establishment of a complete structure of women’s rights,a sound system of rights protection and a scientific and effective form of rights protection can women’s rights be guaranteed in a substantive way.Women’s rights belong to a kind of social rights,and the way of guaranteeing them should also go beyond the field of private law and focus more on the social level of protection,to raise women’s rights and interests from private rights to social rights.From the perspective of the logic of the operation of rights protection,women’s special rights,such as the right to education,labor rights,etc.,need more social rights protection,relying on social intervention and strengthening the state’s obligation to protect,social organizations and administrative organs through active law enforcement,in order to make the effect of legal protection more significant.The relevant laws and regulations on the protection of women’s rights and interests in China mainly have systematic problems in the following two aspects:overall construction and function play.In order to solve this problem,firstly,the internal legal system of women’s rights and interests protection should be improved,and then,the design and implementation of the specific legal system needs to be fully implemented.Secondly,an external system of women’s rights and interests corresponding to the facts should be explored to promote the unified implementation of the value system of women’s rights and interests protection in China;finally,in order to improve the stage of women’s rights and interests protection and rights relief,the institutional function of women’s rights and interests legal protection should be more utilized.