家族女性主义法学初创——基于中国的实践

家族女性主义法学是基于对中国女性问题的长期探讨而提议构建的一个女性主义法学新流派。中国女性的现实处境是其主要社会关系和场域均围绕家族而展开，亲属关系和婚姻关系构成了家族女性主义法学之家族化的理论背景的基础。在中国女性家族化的事实或这个独特问题的基础上，家族女性主义法学可为中国女性从家族体系角色中解放出来提供正当性基础，完善中国法律保护女性的法理依据和文化依据，同时使受家族支持的关系正当化和规范化。要实现以上目标，运用包括法律在内的多种策略成为必然选择。在充分考虑中国特有的家族化背景的同时，中国女性权利保护的相关立法也可以参考西方由自下而上的女权运动带动立法行为的模式，将女性主义法学理论转变为具有实效的社会规则。

Initiation of the Extended Family Feminist: Based on Practice in China

Extended Family Feminist Jurisprudence is a new genre of feminist jurisprudence based on a long-term discussion of Chinese women’s issues. Based on the fact that Chinese women are family-oriented and the nature of this unique problem, it seeks to liberate Chinese women from the interference of extended-family relationships, and to justify and standardize the relationship supported by the extended family. In the meantime, it refers to the feminist rights from bottom to top movement employed in the West, which promoted the pattern of legislative behavior and transformed feminist legal theory into a practical social rule. This paper first analyzed the reality of Chinese women, pointing out that the primary environment which Chinese women face is their extended family. This feature constitutes the difference between Chinese women and Western women because the important, influential environment field of the latter refers only to its core family. Secondly, this article discussed the theoretical support of ″family orientation″ based on the marriage theory by Francis L. K. Hsu and Li Xia’s theory of female kinship. Thirdly, this article systematically explained the construction of the extended family feminist jurisprudence, that is, how to construct a new feminist jurisprudence in the context of family orientation. Fourth, the article analyzed the relationship between extended-family feminist jurisprudence and existing feminist jurisprudence, highlighting the advantages of extended family feminist jurisprudence compared with the previous feminist jurisprudence, that is, it fully considered the unique reality that Chinese women are facing from the perspective of an external framework, and it examined the internal factors of feminist jurisprudence through historical research, comparative research and summarization evaluation of external categories, so as to more rationally define the core of the Chinese feminist jurisprudence. The extended family feminist jurisprudence research employed the rule of law in China as the basic framework and Chinese feminism as the underlying research object and analyzed and summarized its current situation and future construction through empirical methods. The research method adopted in this article includes a general method of feminist research combined with legal research methods and sociological research methods. It is also assisted with practical methods and strives to realize the protection of women’s rights under the unique realities in China by applying various strategies besides law. Extended family feminist jurisprudence not only absorbed the disciplinary research methods of traditional feminism, but also referred to the Western approaches, especially the feminist and feminist jurisprudence research methods in the United States. The innovation of this article lies in the fact that the initiation of the extended family feminist jurisprudence aims at providing a legitimate basis for the release of Chinese women’s role in the extended family system, and aims to improve the cultural basis and legal basis of Chinese women’s legal protection. With the objective of exploring the development path of the Chinese rule of law with Chinese characteristics, the extended family feminism indicates not only another exploration of the development of the Chinese rule of law theory and practice but also a Chinese scholarship making up the gap with Chinese perspectives in the world map of feminist legal studies.