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由于立法缺乏社会性别视角,对于尚处在弱势社会和经济地位的中国女性,法律为实现刑事诉讼中之性别平等竭力创制的两种模式——无性别差异待遇与有性别差异待遇都隐藏着难以接受的实质性不平等。为走出差别待遇与刑事诉讼性别平等的困境,需要重塑社会性别视角下的差异与平等观,将性别差异纳入刑事诉讼立法与司法考量,以全面实现刑事诉讼领域的性别平等。
Due to the lack of a gender perspective in legislation, Chinese women struggling to achieve social and economic status in the disadvantaged are also faced with the two major models that law has made to achieve gender equality in criminal prosecutions: the absence of gender-differential treatment and gender-differential treatment Accepted substantive inequality. In order to get out of the plight of differential treatment and gender equality in criminal procedure, it is necessary to reshape the perspective of gender equality and equality and incorporate gender differences into the legislative and judicial consideration of criminal procedure so as to realize the full realization of gender equality in criminal procedure.