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社会性别概念是西方女权主义运动的产物。我国现行法律对妇女婚姻家庭财产权形成了综合调整的法律保护体系,这些法律强调男女平等原则,关注男女两性存在的显著差异等,但由于缺乏社会性别视角,未充分考虑法律实施后果带给女性的不公平与不平等,使表面看似公平平等的法律规定,在司法实践中却很难落实,使身处经济弱势地位妇女的婚姻家庭财产权难以得到救济。我国应在社会性别视域下,指出现行法律存在的疏漏和缺失,并结合我国社会现状,探寻完善我国妇女婚姻家庭财产权的立法建议,期望在婚姻家庭领域真正实现男女平等。
The concept of gender is a product of the Western feminist movement. The current law of our country has formed a comprehensive legal protection system for women’s marriage and family property rights. These laws emphasize the principle of equality between men and women and pay attention to the significant differences between men and women. However, due to the lack of gender perspective, the legal consequences for women are not fully taken into account Inequities and inequalities make the seemingly fair and equitable legal provisions difficult to implement in judicial practice, making it difficult for women living in economically disadvantaged families to receive property rights for marriage and family. Under the perspective of gender, our country should point out the omissions and omissions existing in the existing laws and seek for the legislative proposals to improve the property rights of Chinese women in marriage and marriage, in the light of the present situation of our society. China hopes to realize the equality between men and women in the field of marriage and family.