从性别平等视角对刑事诉讼法的初步分析

性别平等在刑事诉讼法发展中逐步获得重视。追求性别公正的刑事程序理论与实证研究、立法及司法实践,不仅可达到促进性别公正及其法治化的目标,而且有利于刑事程序法治理论本身的拓展。立足于性别平等,着眼于性别差异,对刑事诉讼法基于性别差异的特殊规定进行梳理与分析,这种特殊规定是出于对女性自然属性以及由于其自然属性所产生的两性差异而制定的。女性在个案实践中获得了突破现行法的更多权利,相关法律漏洞的修补具有合理性,刑事司法改革应充分保护性别公正。

An Analysis of Criminal Procedure Law under Gender Equality

More and more attention has gradually been paid to the gender equality in development of criminal procedure law. The theoretical and practical studies of the criminal process and the practice of legislation and administration of justice have not only realized the aims of promoting gender equality and its legalization, but have also expanded the exploration of the legal theory of criminal process. On the basis of gender equality and difference, a summary and an analysis has been made here on some special regulations of gender difference in criminal procedure. It is pointed out that these regulations have been made on the female nature and the gender differences out of female nature. It is also pointed out that more privilages in the breaking through of the existing law have been assigned to female as seen in case studies. It is reasonable to fill in the blaneks in some relative laws, and the reform of criminal administration should fully protect gender justice.