陕甘宁边区妇女婚姻权利观念的兴起  

On the Emergence of Women’s Awareness of Rights in Marriage in Shaanxi-Gansu-Ningxia Border Region

作　　者：杜娥 DU E(Guangzhou Arbitration Commission,China)

机构地区：[1]广州仲裁委员会

出　　处：《人权法学》2022年第1期76-96,155,156,共23页Journal of Human Rights Law

基　　金：中国人权研究会2020年度部级课题项目“马克思主义视野下‘以人民为中心’的人权主体观研究”(CSHR2020-06YB)。

摘　　要：中国共产党在陕甘宁边区大力推动妇女解放运动,促使边区妇女婚姻权利观念的兴起。空间理论为研究边区妇女的婚姻权利观念提供了新视角。在边区特定的空间背景下,封闭的村庄、象征革命的延安城等不同空间与不同妇女群体的婚姻观念存在互动关系。在这种多元的互动关系之中,农村妇女、革命女性和进步女青年等不同群体对婚姻权利观念有不同的认知,这些差异也取决于她们的受教育程度、革命觉悟,以及现实利益考量。在实践层面上,婚姻权利观念的推动也受到边区现实条件的制约。新旧空间交叠之下的边区,在新旧观念的剧烈对抗之中,农村妇女、革命女性和进步女青年,以及男性农民和军人,都有着不尽相同的婚姻诉求,这使得边区的婚姻立法和司法政策在实践中不断调适,以协调理想与现实的多元诉求。Thanks to the Communist Party of China’s(CPC) vigorous promotion of the women’s liberation movement in the Shaanxi-Gansu-Ningxia Border Region, women’s awareness of marriage rights in the border region was awakened. This paper, based on the new perspective of spatial theory, investigates the background, characteristics of the rise of women’s awareness of marriage rights and its influence on the marriagerelated legal practice in the Shaanxi-Gansu-Ningxia Border Region from 1937 to 1946. The background concerns four aspects, namely, the development of women’s liberation thoughts since the end of Qing Dynasty, the spread of Marxist idea of women’s marriage, the promotion of women’s liberation by the Anti-Japanese Democratic Model Area and the change of idea from "feminism" to family harmony. Different spaces shape people’s behavior and role-building. There were two kinds of spaces in the Shaanxi-Gansu-Ningxia Border Region. One was the closed space symbolizing tradition. In closed villages where both family space and public space strengthened the discipline on women, women resisted it while being obedient. The other was the new space represented by Yan’an City, which displayed the revolutionary ideal and spirit through the auditorium and various grand collective activities. The interaction between these two different spaces and different women groups diversified women’s ideas of marriage rights in the border region. Although rural women, mostly living in closed villages, were bound by traditional ethics, they did not lack realistic consideration of marriage. Revolutionary and progressive young women, mostly gathering in Yan’an--the city of revolutionary ideals, had different understandings of marriage. Revolutionary women’s idea of marriage rights was often expressed in a revolutionary discourse,which strengthened women’s identity as revolutionaries and deeply shaped their attitude towards marriage and love. They generally agreed on equality between men and women, but were ambivalent about

关 键 词：陕甘宁边区 妇女解放 婚姻权利观念 空间理论 

分 类 号：D922.7[政治法律—法学]