揭开强奸罪的男权主义面纱——从底拿受辱的圣经故事说起

UNCOVER THE MALE-DOMINATED VEIL OF THE CRIME OF RAPE——Starting with the biblical story of Dinah's being humiliated

对底拿被强奸而无权发声的圣经故事进行分析,认为上帝在造人之初把女性放在了第二性的位置,他所创造的是一个以男性为中心的社会,女性缺乏独立地位和话语权。指出男权社会延续了数千年,时至今日,我国关于强奸罪的立法中还残留着许多男权主义的印记,造成了立法与司法实践的脱节。因此,立足社会现实,破除男权主义,基于性别平等对现行的强奸罪立法予以改革是当务之急。

God put women in the secondary position at the beginning of the creation of Man and what God created was a male-dominated society in which women had neither independent status nor right of speech,thus Dinah had no right to speak for herself when she was raped. The patriarchal society has been in existence for thousands of years and even today,there are still a lot of male patriarchal marks in the legislation of the crime of rape in China,causing the separation between the legislation and the judicial practice. Therefore it is a task of top priority to get rid of the patriarchal doctrine and reform the current legislation on the crime of rape based on social reality.