CAJ | 학술논문

自从清末修律以来,身体法权化问题或隐或显地成为各个政权努力追求的重要面向,1949年以后身体法权化大体延续着近代以来的进程。在＂解放＂话语生产机制下,1950年婚姻法表达出打破封建婚姻关系、解放妇女身体的重要诉求;自由是婚姻法追求的价值目标;塑造新女性形象是婚姻法的制度功能。在婚姻法的实践过程中,宣传动员与法律治理技艺具有两种不同的面向,分别代表行政和法律治理手段。透过充斥在身体法权化过程中的各种权力和技术,身体改造实践并不如同制度设计那样的美好,而是在某种程度上将身体重新纳入新的权力机制控制之下。
자종청말수률이래,신체법권화문제혹은혹현지성위각개정권노력추구적중요면향,1949년이후신체법권화대체연속착근대이래적진정。재＂해방＂화어생산궤제하,1950년혼인법표체출타파봉건혼인관계、해방부녀신체적중요소구;자유시혼인법추구적개치목표;소조신녀성형상시혼인법적제도공능。재혼인법적실천과정중,선전동원여법률치리기예구유량충불동적면향,분별대표행정화법률치리수단。투과충척재신체법권화과정중적각충권력화기술,신체개조실천병불여동제도설계나양적미호,이시재모충정도상장신체중신납입신적권력궤제공제지하。
Since the reformation of law in the late Qing Dynasty, body rights became important issues that were pursued either explicitly or implicitly by various political regimes. After 1949 body rights developed in a process more congenial to the contemporary society. Under the productive mechanism of the discourse of ＂liberation＂ the marriage law adopted in 1950 expressed women＇s demand for breaking away from feudal marital relationship and liberating women＇s bodies. Freedom was the goal of the Marriage Law and con- structing a new image for women was its institutional function. In the practice ofthe Marriage Law, the use of administrative and legal means represented two different directions in the process of propaganda and mobilization for the Law compared to the implementation of the Law. Through the interplay of power and technicality in the politics of body rights, the body did not gain rights as complete as what it was designed by the system. The body, instead, to some extent was brought under the control of the new mechanisms of power.