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男女平等思想在19世纪40年代传入中国,并日益成为社会变革的要求。但作为近代民事立法重要成果的《大清民律草案》以及《民国民律草案》并没有贯彻男女平等原则,甚至予以否定。男女平等最终为法律所承认和保护,转化为具体的民事权利,其间遭遇了一系列的困难。传统礼教的惯性以及政治斗争的混乱都使得男女平等无法在法律上真正实现。《中华民国民法》对男女平等原则的贯彻则是革命与妇女运动结合的结果。近代民事立法中的男女平等也体现着传统与现代、权利要求与革命运动之间的博弈和最后的妥协。
The idea of equality between men and women was introduced to China in the 1840s and increasingly became a requirement of social change. However, the “draft of the Qing civil law” as an important achievement of modern civil legislation and the “draft of the people’s law in the Republic of China” did not implement the principle of equality between men and women and even denied it. In the end, equality between men and women was recognized and protected by law and transformed into specific civil rights, during which a series of difficulties were encountered. The inertia of traditional ethics and the chaos of political struggles have made it impossible for men and women to truly achieve equality in law. The implementation of the principle of equality between men and women in the Civil Law of the Republic of China is the result of a combination of revolution and women’s movement. The equality between men and women in modern civil legislation also embodies the game and the final compromise between tradition and modernity, the claim of rights and the revolutionary movement.