差别待遇与刑事诉讼性别平等的思考——女权主义差异与平等理论带来的启示

Thoughts on Differentiated Treatment and Gender Equality in Criminal Litigation: inspirations from feminist theories about difference and equality

由于立法缺乏社会性别视角,对于尚处在弱势社会和经济地位的中国女性,法律为实现刑事诉讼中之性别平等竭力创制的两种模式——无性别差异待遇与有性别差异待遇都隐藏着难以接受的实质性不平等。为走出差别待遇与刑事诉讼性别平等的困境,需要重塑社会性别视角下的差异与平等观,将性别差异纳入刑事诉讼立法与司法考量,以全面实现刑事诉讼领域的性别平等。

As a result of non-gender-differentiated legislation, women, who still constitute a second class socially and economically in China, are not afforded substantive equality with gender-differentiated and non-gender-differentiated procedures in criminal litigation practiced today. In order to move out of the dilemma of differentiated treatment and gender equality in criminal litigation, we need to revamp our views regarding sexual differences and equality. By taking into consideration sexual differences within the context of criminal litigation legislation and law enforcement, true gender equality in the sphere of criminal litigation may be attained.