Protection Of Women’s Rights And Interests In Migrant Workers’ Cohabitation Outside Marriage

This paper takes the protection of women’s rights and interests in extramarital cohabitation of migrant workers as the topic,and probes into the violation of women’s rights and interests in extramarital cohabitation groups of migrant workers with married spouses.This kind of extramarital cohabitation refers to that both parties have legal spouses,but because one or both of them are out of work,they are separated from the legal spouse for a long time,without destroying the original family A relationship of cohabitation without marriage.Because the cohabitation of unmarried young people in non marital marriage is not within the scope of this study.Secondly,because many articles call this phenomenon of cohabitation between married spouses and others as "temporary husband and wife",the non marital cohabitation in this paper only refers to the cohabitation between married spouses and others,which is also expressed as "temporary husband and wife".That is to say,this paper mainly studies the problem of the infringement of the rights and interests of the female party when the migrant workers live together with the married spouse,and puts forward the corresponding solutions to this problem.This paper includes five parts: introduction,the phenomenon and causes of migrant workers’ extramarital cohabitation,the infringement of women’s rights and interests in their extramarital cohabitation,the analysis of the reasons for the lack of women’s rights and interests relief in their extramarital cohabitation,the institutional path and conclusion of women’s rights and interests relief in their extramarital cohabitation.The introduction part mainly introduces the background and research status of migrant workers’ cohabitation outside marriage,which is called "the reason of temporary husband and wife".In the process of continuous economic development,in the past two or three decades,a large number of rural labor force,mainly traditional agricultural production,has been transferred to the city.Such a large-scale and large-scale population transfer has brought great benefits to the city,but also brought many new era problems."Temporary couple" is one of them.Many scholars have conducted in-depth discussions on the nature,causes,influences and legal responsibilities of "temporary husband and wife".Many scholars have also analyzed the phenomenon of "temporary husband and wife" from public management,social ethics and other aspects,but ignored the protection of the rights and interests of thefemale sex in "temporary husband and wife".In the first chapter,the author mainly introduces the reasons why migrant workers’ extramarital cohabitation is called "temporary husband and wife".From the literal meaning,combined with relevant scholars’ discussion,some essential characteristics of "temporary husband and wife" phenomenon are extracted,that is,legal spouse;long-term separation;no damage to the original family;illegal cohabitation.After that,the concept of "one night stand","non marital cohabitation" and "temporary couple" will be more clear.From the individual level,family level and social level,this paper analyzes the causes of the phenomenon of migrant workers’ extramarital cohabitation.In the second chapter,the infringement of women’s rights and interests in the cohabitation relationship of migrant workers mainly includes the infringement of women’s rights and interests caused by cohabitation violence,the infringement of labor value caused by value indifference in family service,the infringement of physical health rights caused by physical injury caused by women’s characteristics in the process of cohabitation,and the concealment in the "temporary husband wife" relationship The four aspects of the infringement of private rights discuss the concrete manifestation of the infringement of women’s rights and interests in "temporary husband and wife".The third chapter is the analysis of the reasons for the lack of women’s rights and interests relief in the extramarital cohabitation of migrant workers.It mainly analyzes the deep level of the lack of women’s rights and interests relief from the aspects of legal dilemma,moral intolerance,cultural level,the lack of legal concept and physiological common sense,and the dependency of women’s family status in the relationship between men and women reason.In the fourth chapter,the system path of women’s rights and interests relief of migrant workers’ cohabitation outside marriage mainly introduces the suggestions and measures of women’s rights and interests protection in "temporary husband and wife".On the one hand,in order to highlight the specific problems,we should make the non marital cohabitation under the regulation of the anti domestic violence law in the legislation;use the tort liability law in the justice to adjust the legal relationship of the infringement of the body rights;explore the reasonable relief of the right to privacy in the law enforcement.On the other hand,we can solve the problem of social anomie of non marital cohabitation of migrant workers from two aspects.1.Strengthen moraleducation and improve cultural quality.In terms of ideology,we should put an end to the erosion of the concept of bad marriage and love,continue to promote nine-year compulsory education,strengthen sex education for migrant workers,and disseminate reasonable and safe knowledge of sex and contraception.2.Improve support policies and solve practical difficulties.On the issue of migrant workers’ children’s enrollment,we should put forward solutions to the problem of reasonable diversion,and appropriately build new schools so that migrant workers’ families can get together.The local government and the employing unit can provide husband and wife housing for the husband and wife who work together,and can appropriately set up reasonable home leave and so on.The conclusion part gives a positive response to the view that the wrongdoer is not worthy of protection and explains why it is necessary to protect the rights and interests of the "temporary husband and wife" in the case of moral intolerance or even violation of the law.