自上而下的法治与自下而上的女性农民工法律意识

Rule by Law from Top to Bottom and Legal Awareness of Migrant Female Workers from Bottom to Top

"女性农民工"与"依法治国"在改革开放的时代背景中"相遇",法治的理想与女性农民工的权益保障的冲突,产生了女性农民工法律意识建构的问题。法律实践把法律意识建构的主观结构和女性农民工背后的客观结构连在一起,成为女性农民工法律意识建构的关键要素。只有根除女性农民工法律意识建构的核心障碍,即法律实践缺场的背后根源,女性农民工的法律意识才可能正确建构,维权实践才可能顺利进行。

In reform and opening-up, the ＂ encounter＂ of ＂ migrant female workers＂ and ＂ rule by law＂, together with the conflicts between the ideal of rule by law and the protection of the female workers＇rights and interests ,gives rise to the problem about the building of their legal awareness. It is the legal practice that integrates the subjective structure for the building of legal awareness with the objective structure backing the females, so it becomes a key element in the building of females＇ legal awareness. It is therefore pointed out in this article that only when the major obstacles to the building of their legal consciousness, or rather, the hidden cause of the lack of legal practice, are eradicated can their legal awareness be properly constructed and the practice of safeguarding legal rights be carried out smoothly.