Protection Of Divorce Women's Rights And Interests In Family Law Of China

The female who gets divorced is peculiar group in women, After they have experienced the marriage agony, Be confronted with the economy difficult position , the existing pressure , strenuous household duties , the baby-raising hardship, The employment discrimination going est., The quality of life comes down greatly with being compared with before divorce. According to statistics, 56%'s divorce women think that their livelihood is "to exist in maintaining", 22% 's divorce women think that their life is in the society bottom ".Facing difficult position of divorce women, we have to scan regulation again and seek shortage of protecting divorce women's rights and interests in Family Law. Family Law is revised again in 2001, it still insists on equality of men and women and protection of women's rights and interests oregano, but scan Family Law in sex analyses theory, some legislations are not able to protect divorce female's rights and interests .besides, because society variation is quick very much, a lot of new condition and new problem have appeared that have not paid attention in Family Law in the field of protecting women's rights and interests. Facing the phenomenon that divorce women's rights and interests is encroached on, the author takes women who gets divorced as point of penetration, scan Family Law in social sex analysis history method , comparative method est., seek out regulation shortage of protecting divorce women's rights and interests , refer to marriage legislation abroad, give some suggestions according to reality.The thesis is five parts together: part 1 sets forth basis of protecting divorce women's rights and interests. From the philosophy basis, social basis, law basis, three aspects has discussed theory of protecting divorce women's rights and interests. Part II sets forth marriage legislation examination on protection of women's rights and interests getting divorced abroad and Taiwan area. The author chosen USA, Germany, France and Taiwan area, seeks out same aspects on protecting woman's rights and interests, draws suggestions on protecting divorce women's rights and interests. Part III sets forth the legislation evolution that our country law protects to the women's rights and interests in the revolutionary base areas period , 1950's Family law , 1980's and 2001's Family law, this section discusses our country marriage legislation of protecting development of divorce woman's rights and interests. Part IV sets forth some shortages on protection of divorce women's rights and interests in Family Law of China. Part V gives to legislation suggestions of divorce woman rights and interest's protection according to shortages of protecting divorce woman's rights and interests.According to discussion on protecting divorce women's rights and interests, the author point out some suggestions on canceling restriction of divorce on soldiers' spouse, augmenting protection of divorce women's property right est. The author hopes to help protection of women's rights and interests and fulfill equality of men and women early.