The Study Of Protection System Of Women’s Property Right In Divorce

During author’s graduate-student life, many friends consulted meabout the problems such as divorcing property distribution, marital infidelity and domestic violence, but the result always look not so well, sometimes it even seems so bad. As a law mainly focusing on the protection of the rights and interests of women and children,our country’s “marriage law” pays its important role in protecting the rights of properties of women. From the explanation of the firstversion at 1980 to the revised version at 2001, and the othersequentially-promulgated version, we can find the law is more and more complete, and the protection of the completeness of the rights of women is enhanced. However, because the rapid development of our society, the hysteresis of the law and the lack of foresight of those who make the law lead to women can’t be protected by the law when they face divorce. Therefore, the completeness of the systems for protecting divorcing women’s rights of properties not only can promote the principle of equality, but also the harmoniousness of oursociety.This thesis can be divided into following five parts.In the first part is mainly focused on the concepts and the applied regimes of the three main systems for protecting women’s rights of properties. In this part, with the random collection of about 500 judgements from an authoritative website, authors reveal current situations of the applications of the three systems on the protection of divorcing women’s property rights.The second part, we analyze the situation of the life of the divorcing women, and from a practical example, we point out that thephenomenon that divorcing women face many problems when they try to protect their property rights, while this phenomenon in fact exposes the defect of the law.In the third part, based on the first-part analysis, the second-part analysis and some other results from other scholars, author summarizes the defect of these three systems.The fourth part is devoted into the completeness of our county’s protection systems of divorcing women’s rights of properties. This part is divided as three parts. To every system, author only discuss the most important defect, which must be solved and completed, and can’t involve everything.The fifth part is our conclusion, which summary all the results got in whole thesis.