Study On The Application Of The Principle Of Caring For Women’s Rights And Interests In Divorce Under The Three-child Policy

With the implementation of the three-child policy,women are facing increasingly heavy reproductive tasks and household chores.Protecting women’s rights and interests is a special protection of a country at the legislative level to mothers.This protection is of great significance to the positive population and fertility policy.Realizing substantive equality between men and women and safeguarding women’s legitimate rights and interests are key points in the improvement and implementation of marriage and family laws,as well as the entire legal system.In the legislation and research after the implementation of the three-child policy,there is more protection of women’s social rights and interests,and less protection of women’s rights and interests in the field of marriage and family(especially in the field of divorce proceedings).However,the current divorce rate is still high,and women with three children have insufficient protection of their rights and interests in divorce proceedings.This article aims to provide practical suggestions for the protection of the rights and interests of women who have given birth to three children in divorce litigation,in order to provide a basis for women who have paid more for giving birth and raising three children during the marriage period.It also promotes the resolution of the problem of difficult security for women who have given birth to multiple children after divorce,enhances women’s willingness to give birth,promotes the expected role of the three-child policy.This article initially explores the protection of women’s rights and interests in divorce proceedings under the three-child policy.On the one hand,it combs the relevant legislation,and briefly expounds the theory of husband and wife human capital and the theory of reproductive rights.On the other hand,based on 92 mediation documents and 269 judgments related to divorce disputes involving three children in the China Judgment Document Network,with a time range of 2022 and 2023(as of February 2023),this study analyzes the current situation of divorce litigation regarding the divorce freedom rights,property rights,divorce relief,and child support of women who have given birth to three children.Subsequently,the problems in safeguarding women’s rights and interests in divorce proceedings under the three-child policy were summarized and analyzed for their causes.Five issues have been summarized,namely: difficulty in identifying emotional breakdown,insufficient protection of women’s property rights and interests,low application rate of divorce relief system,disadvantages to women in determining custody rights and bearing maintenance fees,and common difficulty in providing evidence.There are four reasons for the above problems: some clauses are too principled,the legal system is not sound enough,the protection of substantive equality between men and women in judicial decisions is insufficient,and the evidence system for protecting the rights and interests of vulnerable parties is rarely used.Next,suggestions will be made for the protection of women’s rights and interests in divorce proceedings under the three-child policy.The suggestions include the following four points: firstly,enhance the operability of legislation,including clarifying the concept of emotional breakdown,improving the divorce relief system,and clarifying the boundary between the property division system and divorce relief system.Secondly,we need to improve relevant legal systems,which can be divided into strengthening the system of safeguarding property rights and interests,including giving birth to children in divorce economic compensation clauses,and considering the rights and interests of the female spouse in the most favorable principle for underage children.Thirdly,implement a legal evaluation system for gender equality,including promoting legislative evaluation for gender equality,conducting judicial evaluation for gender equality,and implementing interpretive evaluation for gender equality.Fourthly,implement an evidence system to protect the rights and interests of vulnerable parties,including reducing the burden of proof for vulnerable parties,conducting appropriate court investigations and evidence collection,and promoting property registration and declaration.Finally,it is proposed to improve the public interest litigation system for women’s rights and protect women’s rights and interests in cohabitation relationships,as a supporting measure for safeguarding women’s rights and interests in divorce litigation under the three-child policy;Reaffirmed the significance of female childbirth for families,society,and the country,and looked forward to more comprehensive protection of women’s rights under the three-child policy.