近代民事立法中的男女平等

Equality of Men and Women in the Modern Civil Legislation

男女平等思想在19世纪40年代传入中国,并日益成为社会变革的要求。但作为近代民事立法重要成果的《大清民律草案》以及《民国民律草案》并没有贯彻男女平等原则,甚至予以否定。男女平等最终为法律所承认和保护,转化为具体的民事权利,其间遭遇了一系列的困难。传统礼教的惯性以及政治斗争的混乱都使得男女平等无法在法律上真正实现。《中华民国民法》对男女平等原则的贯彻则是革命与妇女运动结合的结果。近代民事立法中的男女平等也体现着传统与现代、权利要求与革命运动之间的博弈和最后的妥协。

The ideological drive for equality of men and women perpetuated by social changes in the world was finally brought to China in the 1840s. As the important achievements of the modem civil legislation, the Civil Draft of Qing Dynasty and the Civil Draft of Republic of China had not included the protection of men and women equally. The establishment of equality of men and women in law was only achieved after political struggles to overcome the influence of traditional ethical codes. It was only a result of women joining in revolution and the women＇s movements that the equality of men and women was recognized by the Civil Code of Republic of China. As an outcome of political struggle, law can only strengthen the fruits of revolution. It requires our efforts to realize the equality of men and women in society.