Research On The Feminist Legal Theory And Its Enlightenment Of Chinese Legislation

The western feminist legal theory is the product of the second wave of women's rights in the nineteen sixties. Feminist analyzed and criticized the American legal system from the class, the state, sex, violence, employment, education, abortion and other aspects. In the process, the feminist legal theory has been formed. Along with the development of the feminist movement, the feminist legal theory has been increasingly improved. The feminist legal theory can be divided into four main schools:free feminist legal theory, cultural feminist legal theory, radical feminist legal theory and post-modern feminist legal theory. All of these schools advocate the equality between men and women, but they are different in the way of realizing the equality. After50years, the feminist legal theory made enormous contribution for feminist protection. The feminist legal theory is not enough systematic, lack of strong dominant theory, and has different viewpoints for different schools, therefore there are many shortcomings. However, the feminist legal theory has played an inestimable role for China's legislation value orientation and the concrete system. The development of the feminist legal theory presented some laws. For example, the feminist legal theory criticized the legal system rather than constructed, paid more attention to the essential equality, researched the focus from the abstract principles to specific rights. Through summarizing the development of the feminist legal theory, we can see the development trend of the feminist legal theory in the future. The feminist legal theory will fuse more diverse social values. The geographic scope of the research will expand from the western countries to the developing countries. More studies will be focused on improving the current unreasonable legal system. The formation and perfection of the feminist legal theory will play an important role of the enlightenment in our country. There are special women's problems in China that are different from western women's. Therefore, our legislation about protecting women should absorb the achievements of the feminist legislation, rely on the background of the development of the feminist legal theory in the world and the power of the domestic organizations, improve the legal system in China, refine women's specific rights and carry out rights in the judicial practice. This should be the direction of our country protecting women's rights.