《宪法》中“妇女”与“母亲”的含义及其关系研究

"Woman" and "Mother" in Constitution: Concepts and Their Relationship

作为日常生活中普遍使用的语词,"妇女"和"母亲"在《宪法》中的含义比较复杂,需要从理论上明确界定。基于宪法概念的规范性与确定性要求,应从宪法精神与目的出发,结合《宪法》文本并参考相关法律,对《宪法》中的"妇女"作广义界定,并从婚姻家庭与国家社会两个层面来解读《宪法》中"母亲"的含义。此外,"妇女"和"母亲"都是《宪法》中特殊的基本权利主体,二者存在诸多差异,但其联系却不容忽视。

The meanings of the words ＂woman＂ and ＂mother＂ that are used widely in daily life are complex in Constitution and should be clearly defined. Based on the requirements of the attributes of norm and definiteness about constitutional concepts, it is appropriate to, proceeding from the spirit and purpose of constitution and in the light of Constitution texts and related laws, define broadly the word ＂woman＂ in Constitution and interpret the meaning of the word ＂mother＂ in Constitution in terms of the two levels of family and state. As the subjects of essential rights, ＂woman＂ and ＂mother＂ in Constitution are different in many aspects; however, the connection between them cannot be ignored.