A Study On The Construction Path Of Feminist Legal Discourse

The development of the feminist movement in the West,the development of feminist legal research,and the legislative and judicial reforms to promote gender equality have promoted the construction of a feminist legal discourse.Under the influence of Western feminism,Chinese feminist jurisprudence gradually developed,and the feminist movement gradually emerged.The theoretical research from the perspective of gender and the pluralistic practice of promoting gender equality have promoted the reform and improvement of China’s legal system.In this process,a feminist legal discourse with Chinese characteristics has gradually formed.This paper aims to explore how feminist legal discourse is formed,developed and spread in China,that is,to explore the question of construction path,which is divided into four parts in addition to the introduction: The first part is an overview of the discourse construction path.The first section explains and defines the basic connotations of legal discourse and feminist legal discourse from the concept of discourse in Foucault’s sense.After analyzing the limitations of the current discourse analysis method,the second section constructs the framework for the research of the discourse construction path according to the theory of knowledge production and dissemination from the perspective of knowledge sociology: discourse subject,discourse content,discourse mode and discourse effect.In the third section,by focusing on the historical path of the construction of Western feminist legal discourse,relevant research in China can also be carried out from three aspects: academic construction,normative construction and pluralistic practice.The second part is the academic construction path of the discourse.In terms of discourse,feminist legal research is mainly composed of legal scholars,research institutions and others who are interested in the field.In terms of discourse,Chinese feminist legal research is mainly disseminated through journals and magazines,academic works,and various conferences.In terms of discourse content,most of the early Chinese feminist jurisprudence was a translation and commentary on Western feminist jurisprudence,and then turned to focus on China issues,began to learn from and shape itself,presented a diversified development trend,and played a discursive effect of providing value criticism and strategic choice.The third part is the normative construction path of the discourse.In terms of the subject of discourse,the organs that formulate legal norms are mainly the national legislature and other organs.In terms of discourse,legal norms are mainly based on objective and neutral terms,and the legal rights and interests of women are clearly protected in a text-like structure,and are disseminated through a combination of official media,government propaganda and social propaganda.In terms of discourse,legal norms stipulate women’s political rights,education rights,employment rights and other contents in the form of domestic legislation and international conventions.However,at present,China’s laws still need to be adjusted to reduce gender blindness,increase special legislation,and improve the operability of legislation.The fourth part is the multifaceted practice of academic and normative construction.Different from the three waves of feminist movements formed in the West,China’s feminist movement has not formed a scale,lacks a clear target program and action strategy,which leads to a break between the academic construction,normative construction and practice of feminist legal discourse in China.