The Deficiency And Perfection Of The Protection Of Women's Rights And Interests In Divorce Proceedings

The relationship between husband and wife is the basis of marriage.The harmony of husband and wife affects the long-term marriage and the stability of family relationship,and also affects the economic development and social harmony and stability.However,with the development of economy,the improvement of people's living standards and the progress of ideas,divorce has become a more and more common phenomenon and a way for more and more people to solve the problem of marriage.Litigation divorce is a legal approach adopted when both men and women can not reach an agreement on divorce will and divorce requirements.The basic marriage system of "equality of men and women,freedom of marriage,monogamy" established in the marriage law provides the basic theoretical basis for the protection of the rights and interests of both parties in the process of divorce.The freedom of divorce guarantees the right of the husband and wife who have broken down their feelings to put forward their own wishes and demands for divorce;the monogamy system provides the basic theory for the protection of the rights of their spouses,which shows the illegality of their bigamy or cohabitation with others;men and women are equal,and the husband and wife enjoy equal human dignity and property rights in their marriage.The basic system of the marriage law plays a basic protective role in maintaining equal,harmonious and civilized marriage and family relations,and also lays a theoretical foundation for the protection of the rights of all parties in the process of divorce.In the thousands of years of feudal family relations,women have always played a supporting role,which is an accessory of the male clan world.Therefore,many feudal ideas advocating the inequality between men and women and the inferiority of men and women have been derived,which have long eroded women's physical and mental health.With the concept of equality between men and women deeply rooted in the hearts of the people and the awakening of women's awareness of independence,more and more women who are in the status quo of marriage have achieved the goal of dissolving the marriage relationship through litigation and divorce.However,as a basic law to protect the rights of marriage and family,the lack of legislation in marriage law brings many difficulties to divorce proceedings.The divorce condition of "the relationship is reallybroken" is lack of measurement standard,which leads to "difficult divorce";the problem of cohabitation between the spouse and other people is common,and the rights of the victim are not fully protected From the perspective of women,this paper discusses the legislative status,existing deficiencies and improvement measures of women's rights and interests protection in the process of divorce.On December 27,2015,China issued the anti domestic violence law,which specifically regulates domestic violence.Women have been the main victims of domestic violence.The long-term domestic violence has caused great trauma to women's physiology and psychology and affected the stability of family relations.As a special law to regulate domestic violence,the anti domestic violence law takes effective measures to curb domestic violence from the aspects of preventive intervention,the establishment of multi department joint mechanism and the establishment of personal protection order system,which plays an important role in protecting the personal and property safety of women in divorce proceedings.The law against domestic violence can be regarded as the gospel of protecting women's rights and interests.However,there are still significant deficiencies in many aspects of the anti domestic violence law,such as the problem of domestic violence in divorce proceedings,whether women's resistance is applicable to self-defense,and the difficulty of proof of domestic violence in divorce proceedings.It is very important to improve the design of the legal system to provide more adequate protection for women's rights and interests in divorce proceedings.By improving the standard of divorce in litigation,the standard of divorce will be more operational,the litigation itself will be expected,the women will be freed from the "no emotion" marriage relationship,and the law will play its due role in guiding,for those who cherish marriage to know the way to protect marriage,to be responsible for their own behavior,and for those who dare not divorce,cannot divorce or cannot divorce for a long time Women can get rid of the abnormal marriage relationship and get new life;through the improvement of the divorce damage compensation system,reduce the burden of proof of the innocent party,give greater tolerance to the defective evidence provided by the innocent party,and improve the operability of the compensationstandard to protect the rights of the innocent women to the greatest extent;improve the system design of the anti domestic violence law,let go The personal and property rights of women in marriage litigation should be protected.