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The Influence Of The Theory Of Feminist Jurisprudence In China

Posted on:2018-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z J YangFull Text:PDF
GTID:2347330515969741Subject:Law
Abstract/Summary:PDF Full Text Request
Feminist Jurisprudence was the product of feminism and jurisprudence,the new thought separated from the critical jurisprudence,originated in the late 1980s?The main goal of the fight for gender equality,to reveal women in the legal field caused by oppression,lay emphasis on the legal system of women's rights and interests of the building,criticize the dualism under the patriarchal view,attaches great importance to the women's voice.Feminist Jurisprudence not only enriches the legal theory but also broadens the perspective of the research question;people are more in the legislative,law research as well as women's subject consciousness awakening has had a profound impact.This article mainly discusses the influence of feminist jurisprudence in China,and the article is written in four parts.The first part is to understand the main purpose of feminist jurisprudence by analyzing the social background,ideological basis and main features of feminism,namely,striving for equal rights for women,emphasizing substantive equality and paying attention to legislative reform.The second part is that through the analysis of the core issues of feminist jurisprudence,it is considered that the problem of gender discrimination is different from other discrimination,because gender discrimination is based on gender,and gender distinction is innate,So the existence of gender discrimination is absolutely unfair;and female violence for marital rape and domestic violence and other serious impact on women's physical and mental health behavior,but did not get more attention;after the concept of sexual harassment with MacKinnon.Although it was not recognized at that time,sexual harassment was established by law in many countries,clarifying the penalties for violations of sexual harassment;anti-obscene sex faction feminism that obscene pornography is a tool for oppressing women,anti-check system feminism the prohibition of publication of obscene publications violates freedom of speech and freedom of expression.The third part is to analyze the feminine law of consciousness,put forward the female problem method,the actual reasoning method and the gender analysis method,and then understand the value of each research method,and finally discuss the introduction of gender research in China's legal research perspective the meaning of.The fourth part is to study the influence of feminist jurisprudence in our country on the basis of the study of feministjurisprudence and the research method of feminist jurisprudence.The first discussion is the awakening of female subject consciousness,that is,women can consciously fulfill women's responsibilities and obligations,have their own unique view of things,free to dominate their own activities without interference,and then discuss the neglect of women's rights,The proposed improvement of the existing system,focusing on the substantive equality of women's rights,and the implementation of judicial practice.In short,with the development of society,women's problems are more and more prominent,but these problems are not exactly the same with the Western women's problems,so you can absorb feminist jurisprudence theory and legislative results on the basis of China's actual situation,To improve the protection of our current rights and interests of women.
Keywords/Search Tags:feminist jurisprudence, methodology, gender discrimination, sexual harassment, subject consciousness
PDF Full Text Request
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