Significance Of Western Feminist Jurisprudence To The Law Construction Of China

Western Feminist Jurisprudence is the combination of western feminism and jurisprudence.It has emerged and developed with the development of feminist movement.Through the research and thinking of feminism and Feminist Jurisprudence,I deeply realize the necessity and urgency of the protection of women and other vulnerable groups through the construction of law.First,starting from the theoretical background of Western Feminist Jurisprudence,the article introduces the historical,political,and socioeconomic background of the emergence of feminist movement,that is,Feminist Jurisprudence arose from feminist movement and promoted the institutionalization and standardization of the results of feminist movements.this paper discusses the influence of other relevant theories on Feminist Jurisprudence.The enlightenment of Marxist social revolution theory is: the criticism of male chauvinism should not only stay in the theoretical criticism,but should be resisted in the actual struggle,a society with unequal rights for women can be resolved only through top-down changes in the rule of law.The enlightenment of western postmodernism is: to deny the unified and objective standards for solving problems,to emphasize the differences between each individual,and advocate plural culture;The critical and hermeneutic method of Critical jurisprudence has an important reference for feminism jurisprudence.The above factors promote the emergence and development of Feminist Jurisprudence as a joint.Secondly,this paper sorts out the main viewpoints of several major schools of Feminist Jurisprudence and their influences on the construction of legal systems in western countries,such as liberal Feminist Jurisprudence which advocates formal equality,radical Feminist Jurisprudence which advocates overthrowing patriarchal society,cultural Feminist Jurisprudence which advocates praising women’s values,and post Feminist Jurisprudence which postmodernism Feminist Jurisprudence pays attention to women’s internal differences.To a certain extent,they have won a series of rights for women in western countries,such as education,equal employment rights,political election rights and equal inheritance rights as male,etc.Some systems have also been created to protect women’s physical rights and marital rights,such as defining domestic violence,sexual harassment,and marital rape as crimes.Feminist Jurisprudence has made great contributions to the protection of women’s rights in the rule of law.Finally,this paper analyzes the methodology and specific struggle methods of Feminist Jurisprudence,that is,by changing the perspective to pay attention to the needs of different groups’ rights and interests for the rule of law in legislation;by complementing the power of the vulnerable groups,encouraging the vulnerable groups to raise their awareness to call for equal rights.By establishing the legislative principle of formal equality and substantive equality to protect the rights and interests to protect the rights of vulnerable groups.Through the analysis and reference of the experience of Feminist Jurisprudence,it is hoped that it can bring new inspiration to the legal construction of equal rights in China.