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On The Legal Protection Of The Divorced Women's Property Rights

Posted on:2008-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:R F DuanFull Text:PDF
GTID:2166360212493332Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The protection of property rights of divorced women is a common topic and many scholars have already done this exposition. The legislative has intensified its efforts for legislation in this regard to make a comprehensive effort to protect women's rights. This thesis has chosen this title because I feel that the rights of divorced women are a violation of property rights and the situation is still very obvious in real life. Our law does not achieve its desired effect to some extent; the cause of the problem is certainly worth looking into.When I analyzed this question, I introduced a new angle that a gender perspective. The new perspective opened up a new field for us, so that we will no longer be confined to the original model. The legislation also provides for a more comprehensive theoretical basis. Pose a levy on social gender analysis of the formation process, as the impact of traditional culture and gender patterns, gender in development and the gradual process of a difference, thus the property rights and interests of women and the disadvantaged position of the easy deletion. Divorced women in the use of gender analysis of the analysis of the protection of property rights, we can clearly see that China's existing laws and regulations in the apparent lack of a gender perspective. Not taking into account the differences between the sexes, and the result did not meet their equal protection rights of the sexes. Therefore, I believe that a gender perspective in legislation implantation is an effective way to promote gender equality in the protection of the same. Analysis of the use of gender analysis is the theoretical analysis, we can try trails.In this thesis, the theory of gender-related issues described in the gender, gender mainstreaming and gender analysis concepts analysis and perspective of this article, since the main issues discussed.The second part from the lack of women's property rights and easier analysis of gender, that very reason for women's property rights and the status quo, based on the analysis of the impact of divorce on women's property rights. The conclusion to be drawn: the analysis due to the influence of traditional gender roles. Women assume the dual role of family and social pressure, the social division of labor, there is certain gender discrimination. So are divorced women with adverse consequences of the property.The third part introduces the current legal system for the wife, and the analysis of its implementation in practice of inadequate, Analysis by gender analysis of the reasons for the existence of this gap.The last part of the legislative article, in the hope that the enactment of the Civil Code, The provisions will be to improve the marriage and family in order to achieve gender equality rights protection realization of the ultimate goal of the harmonious development of society.
Keywords/Search Tags:gender, the property rights of divorced women, women 'human right, marriage law
PDF Full Text Request
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