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Empirical Analysis of Gender Marriage
Author: YangJun
Tutor: ChenWei
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Marriage Gender Social Survey Empirical Analysis Legislative proposals
CLC: D923.9
Type: Master's thesis
Year: 2008
Downloads: 495
Quote: 2
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Abstract
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In this paper, \Demonstration and analysis of relevant systems, and then propose appropriate legislative proposals. Marriage and family is the foundation of society, marriage and family law investigation is to examine the application of law-making intention, the best means of promoting sound legal system. In our proposed building a socialist harmonious society and work has already started drafting the Civil Code in the context of the absence of the current \The prevailing theory of social gender \our harmonious society. The article tries to first-hand survey data to reflect China's current \, noted that the current lack of legislation put forward proposals to revise and improve. Text of about 40,000 words, in addition to introduction, is divided into five parts. The first part is the gender theory of marriage law research significance. This section introduces the concept of gender theory, origin and development. Gender theory that person's gender awareness and gender behavior is constrained in social life formed. Female gender roles, not by their innate physiological and psychological factors, but the social life of the product, and is accompanied by changes in the development of social life changed. Secondly discusses the theory of gender relations and marriage law research, pointed out that in order to better promote family harmony and harmonious society construction, men and women in the family to achieve real equality, marriage law research should adopt a gender theory as research methods a. The second part of the marriage law in a gender perspective. Gender equality in marital relations is our family law advocated a marriage and family relations, how to build gender equality will naturally become the focus of the marriage law. This part of the paper, the traditional concept of equality was introduced. Equality is a traditional form of equal opportunities between people with the same rights and bear the same obligations, regardless of differences in personal circumstances of equality, which is often just a form of equality. Then propose marriage should adopt modern Equality. Modern Equality of \This distinction in the \Finally, this part of the traditional and the modern Equality Marriage Equality in the category of a comparative analysis, pointing out that the modern concept of equality of gender equality should be our Comment principles required. The third part is \This part summer from 2007 to start the implementation of a social survey, the first of this empirical study of the basic social survey carried out elaborate, pointed out this social survey theoretical significance and practical significance. The formulation of the Civil Code have begun, in this significant legislative activities, changes and updates Marriage is one of the indispensable link. In this historical context, the \The results of the Civil Code on marriage and family papers of the formulation has important reference significance. While the survey questionnaire used in both the design direction described. One direction is easy to understand language, to provide a different level of education of the respondents understood; Another direction is to strive to make the survey questions with our current \After this part again this social survey respondents basic statistics and analysis carried out to indicate the data obtained in this survey science and rationality. Finally, the survey data for statistical, and one of the problems reflected in a brief analysis. The fourth part of the Marriage Law Gender Analysis. This part of the law of marriage in the legal age of marriage, non-marital cohabitation, conjugal relations law's reproductive rights, domestic violence, intellectual property gains, matrimonial property, divorce law, the principle of the common property division, domestic labor compensation, divorce, economic Help other applicable legislation and carried out a gender analysis, and pointed out that although the establishment of the system in promoting the construction of a harmonious family played a certain positive role, but because of the lack of gender awareness in the implementation process did not effectively achieve both sexes substantive equality of results. The fifth part of Gender Theory on China's marriage law in China. This section first summarizes the theory of gender marriage law for our country's development, building a harmonious equality between men and women is important. Second, in combination with the fourth part of the \If the marriage law, the legal age of marriage for men and women made to do 21-year-old uniform provisions, additions to non-marital cohabitation in personal relations, property relations certain protective provisions; in marital relations law, should be clearly defined both spouses are entitled to maternity respective rights and reproductive rights content, add the relevant provisions of domestic violence prevention, additions to the expectations of intellectual property interests of the provisions included in the jointly owned property, and improve the system of jointly owned property and contract property of the relevant issues; divorce law, The previous division of jointly owned property of the \.
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