我国女性“法律失语”现象及成因解构

我国女性“法律失语”现象严重，诸如：男女两性权利表达标准失衡、反性骚扰立法疲软、刑法对妻子性权利保护的忽视、离婚经济补偿制度对女性权利保护不足、彩礼返还之规定对女性有差别对待之嫌等。文章从社会性别这一视角透视女性“法律失语”现象，解构并归结成因为：法律中的“男性”立场、法律传统中“女性话语权”的缺失、女性对自己权利认知“集体无意识”。

On the 'law anepia' phenomenon of the Chinese women and its contributing factors

That Chinese women are law anepia is serious,including the out of balance in bisexual expression standards,the weak legislation against sexual harassment,the ignorance of protection for wife’s sexual right,the inadequate protection for women in their divorce economic consideration and the unfair rule for returning betrothal gifts,etc..The author deconstructs the phenomenon from the perspective of social gender and concludes that it is the social gender that makes women’s law anepia and the legislation always takes the "male centered doctrine" as the standard.Women’s right to legal discourse has been absent in the legislation tradition and women have a collective unconsciousness to their right.