从女子法庭看“妇人之仁”的司法价值

From the Women s Court to See the Judicial Value of Woman s Benevolence

“妇人之仁”和“丈夫之仁”是两种典型的仁爱类型。长期以来,“丈夫之仁”被褒奖,“妇人之仁”却被贬低。女子法庭的经验表明,“妇人之仁”在司法实践中发挥着重要作用。一方面,女法官特有的爱心、细心、耐心等品质为妥善解决婚姻家庭矛盾提供了便利;另一方面,女法官看重关系的特质有助于合理化解邻里纠纷;此外,在女法官送法下乡和女子法庭的便民举措中,深刻地体现着对弱势群体的怜悯。从法治层面上讲,“妇人之仁”将关注点从与权力相关的政治构造、陈述、抗争转移到了对生命的滋养、人性的成长和才智的陪护上来。从社会层面上讲,融合“妇人之仁”的柔性司法对于修复社会关系,构建和谐社会具有重要意义。

Women s Benevolence and Men s Benevolence are two typical types of benevolence.For a long time,Men s Benevolence has been praised,while Woman s Benevolence has been devalued.The experience of women s courts has shown that Women s Benevolence plays an important role in justice.On the one hand,the characteristics of love,care and patience of female judges provide convenience for proper resolving of marital and family conflicts.On the other hand,female judges pay attention to the quality of relationships to help resolve neighborhood disputes rationally.In addition,compassion for vulnerable groups is deeply reflected in the convenience measures of women s courts and the female judges bring law to the countryside.In terms of law,Women s Benevolence shifts the focus from the political structure,statement and struggle to the nourishment of life,the growth of human nature,and the escort of wisdom.From the social level,the justice with integration of Woman s Benevolence is of great significance to repair social relations and build a harmonious society.