“针对妇女的暴力”的法律概念化

The Legal Conceptualization of "Violence against Women"

文章从新修改的《妇女权益保障法》中涉及针对妇女暴力的几个法律行为入手,认为修法中虽用列举方式将针对妇女暴力写入法律,但却未对其进行法律概念化c(onceptualizatio),n导致有关概念的不确定,立法时已经留下未来司法的障碍。同时指出,将这些概念纳入专门法,是妇女立法推动的路径之一,但更重要的方面是推动针对妇女暴力概念进入主流立法,如此才能保障妇女权益的司法化。

This paper opens discussion on some possible legal actions against ＂Violence against Women＂ that could be taken under the newly revised ＂Law on the Protection of Women＇s Rights and Interests.＂ It maintains that, although ＂Violence against Women＂ has been written into the revised law, it has not been established as a legal concept, causing the indefiniteness of relevant concepts as well as possible judiciary obstacles in the future. The paper points out that bringing this conceptualization into specialized laws is one of the ways to promote women-related legislation, and more importantly, it helps put the ＂Violence against Women＂ concept into the mainstream legislation. Only this way, the paper concludes, can give women＇s rights and interests equal footing in front of judiciary protection.