The Legal Analysis Of The Perspective Of Women’s Marriage And Family Rights Under The View Of Social Gender

Along with social progress and the rise of Western feminism, women’s rights even more widespread attention, but the subject of women’s rights as women are in the margins of society. Particularly in marriage and family relations, women are indispensable, whose rights are denied the protection of substantive justice. Emphasis on protecting the rights of women in marriage and family, the times demand.Gender theory has been used widely in area sine it was founded. It has great advantage in peering sexual discrimination of social order and political system. Gender is constructed. Men and women bear different social roles’expectation beyond biological sex. Marriage and family are important places of gender construction. Conventional family structure consolidates constantly since women transaction regulation keeps going on for a long time. Domestic gender division accumulated day by day that causes androcentric reign deep-rooted and women enslaved. Gender embodied in marriage and family law. Because marriage and family law ideas have vivid times features which reflect on gender consciousness. Therefore, marriage family legislation should focus on gender analysis, care about physiological and history experience of different sexual subjects.By Western gender theory, we can find the new China Marriage and Family Law in the legal process to promote and build gender equality has always been to work, but flow in the form of the same equality, not fundamentally give up the "male" position legislation, it is difficult to achieve substantive equality between women and men. In this paper, the feminist gender theory analysis, introduces a gender analysis into the impact of legal research, to analyze marriage and family law may produce positive effects. Reviews the rights of women in marriage and family changes, the new China phased study marriage and family law, marriage and family separately from the basic rights of women:personal rights and property rights are two aspects of individual marriage and family law during the analysis of specific provisions, according to The use of gender analysis of various provisions of the law during a comprehensive comparison, summed up the protection of women’s rights in marriage and family change and the rights of women in marriage and family law there are "male" stance., to explore differences between men and women under the protection of women in marriage and family law to protect the rights of the inevitable choice.