建议在民法典总则部分增设男女平等原则  

Proposal on Addition of the Principle of Equality Between Men and Women to the General Part of the Civil Code

作　　者：李国庆[1] LI Guoqing

机构地区：[1]武汉大学法学院

出　　处：《中华女子学院学报》2019年第2期16-22,共7页Journal of China Women＇s University

摘　　要：男女平等原则是法治原则的重要内容,随着男女平等原则在宪法领域的确立,在民法领域男女平等原则也得到贯彻,这在家庭法领域体现最为集中。男女平等原则既然为全部民法的原则,就应设置在民法总则部分,以便于统帅民法各分则。在民法总则部分设置男女平等原则,有助于该原则与各具体规则相结合,阐明法律的意涵,合理解决在民法各领域出现的各种问题。民法上的男女平等是形式上的平等,是男女法律地位的平等,认为男女形式上的不平等体现出男女实质的平等是对男女平等原则的曲解。The principle of equality between men and women is an important part of the principle of the rule of law. With the establishment of the principle of equality between men and women in the constitutional field, the principle of equality between men and women in the civil law field has also been implemented, which is most concentrated in the field of family law.Since the principle of equality between men and women is the principle of the entire civil law, it should be set up in the general part of the civil law to facilitate the command of the various parts of the civil law. The establishment of the principle of equality between men and women in the general part of the civil law helps to combine this principle with specific rules, clarifies the meaning of the law, and helps to rationally solve various problems that arise in various fields of civil law.The equality of men and women in civil law is formal equality as well as the equality between men and women in terms of legal status.The belief that the formal inequality between men and women reflects the substantive equality between men and women is a distortion of the principle of equality between men and women.

关 键 词：民法典总则 男女平等原则 形式平等 

分 类 号：D923.8[政治法律—民商法学]