诉讼话语视角下的女性诉讼离婚难研究

On the Difficulty of Women's Divorce Litigation from the Perspective of Litigation Discourse

公正司法需要在具体的诉讼案件之中体现。面对司法实践中女性诉讼离婚难的客观现实,微观诉讼话语的视角可以有效帮助我们理解这一现象的产生机理。在离婚诉讼过程中,话语作为一种行使权力的方式,实践并加强了性别和权力不平等。当法官裁决的考量因素综合了法律、自我职业价值、考核压力等多重因素时,诉讼话语就成为实践与强化性别、权力不平等的手段,而女性原告在潜移默化之中认同了这种不平等秩序,进而接受了法官做出的不离裁判结果。由此,法官考量因素的复杂性及诉讼话语不平等秩序的实践、认同与接受共同促成了为女性诉讼离婚难的客观状况。

Judicial justice needs to be reflected in specific litigation cases.Facing the objective reality that it is difficult for women to win the divorce cases in judicial practice,the perspective of micro-litigation discourse can effectively help us understand the mechanism of this phenomenon.Discourse as a means of exercising power on the case of divorce litigation reinforces gender and power inequality.When judges consider multiple factors such as law,self-professional value,and assessment pressure,litigation discourse becomes a means to practice and strengthen gender and power inequality,and female plaintiffs subtly agree with this order of inequality,and then would accept the judgment of refusing the divorce made by the judge.Therefore,the complexity of the factors considered by the judges and the practice,recognition and acceptance of the inequality of litigation discourse have jointly contributed to the objective reality that it is difficult for women to sue for divorce.