Research On The Protection Of Women’s Rights And Interests In Divorce Relief System

In 2021,the Civil Code came into effect,revising the applicable conditions and circumstances of the divorce relief system,and further improving the divorce relief system with financial help,compensation for damages and compensation for household contributions as the specific contents.These updates have to some extent eased the dilemma women face in the protection and relief of property,personal and other rights and interests in divorce.However,the judicial practice cases show that the current divorce relief system has not effectively solved the specific problems involved in women applying for divorce relief.Women have invested a lot of time and energy in marriage and family,sacrificed the prospect of personal development and suffered personal and spiritual damage.These legitimate rights and interests have not been faced squarely by the legal and social levels in the divorce process,which leads to various economic difficulties for women after divorce and fails to realize the design purpose and value of divorce relief system.In the relevant researches of most domestic scholars,they also come to the conclusion that women’s relief needs in divorce cases are great and the divorce relief system is indeed lacking in the protection of women’s rights and interests.For the majority of divorced women,the current divorce relief system still has many imperfections in safeguarding their legitimate rights and interests.Based on the perspective of divorce women and empirical data analysis,this paper analyzes the legislative and judicial status quo of women’s rights protection in our divorce relief system and its existing problems under the background of the operation of the Civil Code.Specifically,the judicial support rate for women to obtain rights relief is low.Even if women are supported by the court in a few cases,the actual amount of relief they obtain is low,and the judge lacks a clear basis for measurement in judgment.At the same time,the divorce financial help system itself also has some problems,such as unreasonable standard of "living hardship" and too strict limitation of time limit of "economic help" on the right to claim.In the practice of divorce damage compensation system,the social concept "infringes" women’s legitimate rights and interests in a disguised way.The standard of proof of "damage" is strict,and the burden of proof lacks reasonable rules,which can not be ignored.In the housework contribution compensation system,there are harsh requirements of "more obligations",but also there are some unreasonable and inconsistent court judgment standards.Women,as half of the two sexes in the society,are faced with various difficulties due to the natural reasonable gap in the marriage relationship which cannot be faced squarely at the legal level.The above-mentioned problems deserve our attention in the process of further protecting the legitimate rights and interests of women.Then,based on the analysis of the legislative and judicial experience of women’s rights protection in the divorce relief system in Europe and America,the author puts forward some practical suggestions and measures.Specifically,it includes the rationalization of the standard of "living hardship" in the divorce economic help system,the clarification of the amount,and the extension of the period of the right to claim economic help;In the divorce damage compensation system,the burden of proof is rationalized,the standard of proof is rationalized,and the "major fault" is abstract and standardized.In the compensation system of housework contribution,the author makes a broad interpretation of "having more obligations",faces squarely the value of female housework,and measures the benefits in individual cases.At the same time,this paper also calls on more scholars and experts to continue to pay attention to the protection of divorced women’s rights and interests,and jointly discuss how to better deal with the challenges and problems faced by the protection of women’s rights and interests in the divorce relief system,so as to make suggestions for the realization of marriage freedom and substantive equality between men and women,and also make positive contributions to the construction of a more just,equal and harmonious social environment.Only by protecting women’s rights and interests in divorce can we get closer to the legal principle of "equality between men and women",realize the legal value pursuit of marriage freedom,social fairness and justice,and substantive equality between men and women in our legislation in the field of marriage and family,ensure that women play the social value of "half the sky",and realize social harmony,development and progress.