机构地区: 广州大学法学院
出 处: 《广州大学学报(社会科学版)》 2014年第11期49-52,75,共5页
摘 要: 性的自然属性(差异)并未对人类社会生活产生重大的影响。性别,女性主义者称之为社会性别则是一个具有心理学和文化属性的概念,为一种社会标签,表现为男尊女卑、男外女内,对人类社会生活产生重大影响,因而也是可以改变的。婚姻是以社会性别为基础的社会构建,因婚姻而组成家庭,各女性主义流派创立了不同的理论,中心论题主要是家庭与夫权制的关系。公私领域的划分与性别分工也产生了同样的结果,即当公领域与丈夫联系起来,私领域和妻子联系起来,等级就应运而生。因此,社会性别视野下中国夫妻关系平等的新要求是实现起点平等与结果平等的统一、法律制定的去性别化及家事法公法化。 The natural attribute of sex has not cast great influence on the life in the human society.Gender, which is also called social gender by the feminist, is a concept with psychological and cultural characteristics, which is socially labeled as“Women is inferior to men” and“The man goes out to work and the woman looks after the household”.Yet, that would impose a great influence on people’s life, which could be changed consequently. Marriage is a social construction based on social gender.Different streams of feminists have set up distinct theories on the family based on marriage, the focus of which is on the relationship between family and patriarchy.The divi-sion between the public domain and the private domain leads to the same effect as the division between different genders.The different classes arise when the public domain is connected with husband, while the private domain is connected with wife.Consequently, the new claim for equality between husband and wife under the current sex vi-sion in China calls for the realization of equality at the starting points as well as at the outcomes, for the elimination of difference between genders in the legislative process, and for the public legislation of family law.