人权(英文版)2024,Vol.23Issue(2) :325-346.

The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China

刘睿 JIANG Yu
人权(英文版)2024,Vol.23Issue(2) :325-346.
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The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China

刘睿 1JIANG Yu
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作者信息

  • 1. College of Philosophy,Law & Political Science,Shanghai Normal Univer-sity
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Abstract

The participation of women in legislation is an im-portant aspect and means of safeguarding women's rights.Feminist theory,based on criticism of both the"citizenship identity theory as rights"and the"citizenship identity theory as responsibilities,"proposes the"citizenship identity theory as subjectivity."Observing the current practice of women's participation in legislation in China,two institutional safeguard principles can be summarized:the"min-imum proportion"and the"influence evaluation."Howeven each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of"subjective participation"in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women s needs and demands,input women s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the exist-ing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women's participation in legislation,thereby promoting the reproduc-tion of corresponding action structures.

Key words

citizenship identity theory/feminism/women's rights/participation in legislation/subjectivity

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基金项目

Youth Project of Shanghai Philosophy and Social Science Planning in 2023(2023EFX002)

出版年

2024
人权(英文版)

人权(英文版)

ISSN:1671-4016
参考文献量15
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