Legal feminism: Wang Ruqi and the 1950 marriage law

Abstract

This article analyses Wang Ruqi’s 王汝琪 (1912–1990) contribution to the drafting of the 1950 Marriage Law, the first codified law promulgated by the People’s Republic of China (PRC). It argues that Wang–who had been a legal specialist and a female political activist dating back to the 1930s and 1940s–was the actual author of the law’s first draft. In rehabilitating Wang’s long-forgotten contribution to the making of the Marriage Law, this study highlights that, first of all, lawmaking in the early years of the PRC was characterized by legal “professionalism,” rather than the “vernacularism” that scholars in recent years have tended to ascribe to this period. Second, Wang was an exemplary figure of a new breed of “state feminists” in the PRC, which we term “state-legal feminists.” State-legal feminists, like state feminists in general, were brought into the PRC state apparatus and took advantage of their role in the state to advance sociopolitical agendas. However, they differed from their fellow state feminists because they firmly believed that the state’s will and intent could be best articulated and exercised through codified laws and legal institutions. The making of the Marriage Law thus exemplifies the state-legal feminist approach insofar as it resorted to a codified law to push for the political agendas of women’s emancipation and restructuring families in China. While recent scholarship highlights the politicization of the law in the 1953 campaign to promote the Marriage Law, this study inverts this by addressing the legalization of political and social movements.