The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id...The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.展开更多
基金a phased project of the “Research on the Principles of Argumentation of Ratio Legis (Reasons) in Local Legislation” (Project Approval Number 2023EFX002)a Youth Project of Shanghai Philosophy and Social Science Planning in 2023。
文摘The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.
