By applying method of gender analysis, and through drawing on knowledge, methods and doctrine of feminist jurisprudence, the author of this article makes an in depth analysis and sharp critique of "neutrality&quo...By applying method of gender analysis, and through drawing on knowledge, methods and doctrine of feminist jurisprudence, the author of this article makes an in depth analysis and sharp critique of "neutrality" in Japanese law, particularly the "neutral nature" of 2001 Law for the Prevention of Spousal Violence and the Protection of Victims (DV Law) in Japan. The article covers the concept of violence against women, understanding of domestic violence as gender based violence from human rights perspective, the background of enactment of 2001 DV Law, its significance and problems. Moreover, the author also discusses the current situation of the DV Law in Japan. The author agrees that no doubt, the promulgation of the law in 2001 represents a major step in preventing domestic violence and protecting battered women in Japan. But owing to pressures from the government and legislative body, the law is the result of political compromise. It, therefore, has lots of inadequacies and problems. The author’s penetrating comments, her critical approach towards the 2001 DV Law and introduction of preparation for the revision of the DV Law in Japan have provided us with a perspective to analyze Chinese law from lens of gender, especially in enacting the law against domestic violence in China.展开更多
文摘By applying method of gender analysis, and through drawing on knowledge, methods and doctrine of feminist jurisprudence, the author of this article makes an in depth analysis and sharp critique of "neutrality" in Japanese law, particularly the "neutral nature" of 2001 Law for the Prevention of Spousal Violence and the Protection of Victims (DV Law) in Japan. The article covers the concept of violence against women, understanding of domestic violence as gender based violence from human rights perspective, the background of enactment of 2001 DV Law, its significance and problems. Moreover, the author also discusses the current situation of the DV Law in Japan. The author agrees that no doubt, the promulgation of the law in 2001 represents a major step in preventing domestic violence and protecting battered women in Japan. But owing to pressures from the government and legislative body, the law is the result of political compromise. It, therefore, has lots of inadequacies and problems. The author’s penetrating comments, her critical approach towards the 2001 DV Law and introduction of preparation for the revision of the DV Law in Japan have provided us with a perspective to analyze Chinese law from lens of gender, especially in enacting the law against domestic violence in China.
