Research On The Changes Of Women’s Divorce Rights In Modern China

In modern China,society has changed drastically.In marriage and family,the traditional value orientation that wives must follow the requirements of their husbands,male superior to female inferior,has been widely questioned and criticized under the impact of Western thoughts of equality and freedom.With the awakening of awareness of women’s rights,striving for gender equality and freedom of marriage has become the voice of the times.Women have begun to break free of the shackles of traditional marriage and family,striving for the right of freedom of divorce.Collision and fusion of old and new,progress and conservatism are characteristic of the entire era in which women’s divorce rights are generally evolving forward and backward.But in terms of the construction and judicial practice of the divorce legal system,what kind of twists and turns have women’s rights experienced? And what kind of influence do legal reforms and social changes have on each other? What is the enlightenment even for the protection of women’s divorce rights in today’s society? These all require in-depth and detailed research.Based on these,this paper adopts the research methods of literature research,cross-over research,comparative analysis,and case analysis.From the three perspectives of legal system,judicial practice and social effectiveness,making use of currently reserved legal provisions,judicial archives,newspapers,magazines and social survey materials,this paper is divided into six parts which includes the introduction,to explore the changes of women’s divorce rights in modern China.The introductory part introduces the origin and significance of the research.At the same time,it briefly sorts out and explains the current research status at home and abroad and related literature materials,grasps research trends,summarizes the previous research results and shortcomings,and briefly introduces the research methods of this paper.The first part is to sort out and analyze the background of social changes in modern China,mainly from the perspective of economic,political,ideological and legal modernization,and it discusses the impact and effect of social changes on women’s rights to freedom and equality.The second part analyzes and studies the changes in women’s right to dissolution of engagement.According to the law about the subject and reason of the dissolution of marriage,it reveals that the right of dissolution of marriage has changed from parental decision to individual autonomy.In the aspect of legal practice,it is revealed that the protection of women’s right of dissolution of marriage in judicial judgment is conservative and progressive,mainly from the judiciary’s attitude of agreeing or opposing to dissolution of marriage.The third part analyzes and studies the changes in women’s divorce rights.In the legal system,according to the specific provisions of the subject of divorce,the reasons,the right to claim damages for divorce and the right of custody of children,it is concluded that although the legislation has been in a state of ups and downs,but on the whole,the divorce right is from male dictatorship to equal rights between men and women.At the level of judicial practice,the judicial organs reinterprets the traditional system and absorbs the concepts of modern Western marriage law to expand and deepen the protection of women’s divorce rights.The fourth part discusses the relationship between legal reform and social change.It is divided into two levels: firstly,it reflects the mutual promotion of the modernization of the marriage law and social changes from the changes in the concept of marriage,love,family and rights;secondly,from the perspective of women’s economic strength,rural social conditions,and traditional ethical habits,this paper analyzes the restrictions of social reality on the legal effect of marriage.The fifth part looks back on the changes of modern women’s divorce rights,reflects on the problems and concludes the enlightenment.It is divided into three parts: the boundary of the exercise of divorce rights,the guarantee of the exercise of divorce rights,and the implementation of the exercise of divorce rights,the whole of which summarizes the experience and lessons to provide reference for the reform of the current social legal system.Finally,on the basis of the previous articles,from the three perspectives of legal value,legal rules and legal facts,this paper sums up the characteristics of the changes of women’s divorce rights in modern China,and draws the conclusion that there are conflicts and integration between the old and the new,and the coexistence of conservatism and progress.