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On Property Rights And Interests Of Women In Divorce Proceedings The Issue Of Legal Remedies

Posted on:2011-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShiFull Text:PDF
GTID:2166330332967245Subject:Law
Abstract/Summary:PDF Full Text Request
Marriage is the basis of a family; families are the cells of a society; harmony and stability of a society is based on auspiciousness and peace of each family. As a common phenomenon, divorce is bound to have a certain influence over the stability and development of marriage and families. The author won't simply make any positive or negative comments on the phenomenon in this article, but mentions the importance of helping the female party in divorce with her property rights, trying to give her sufficient help in divorce lawsuit and decrease the bad influence on her in the divorce lawsuit.Marriage Law is the basic law to adjust the marital relationship in a family. Although the current Marriage Law maintains the equality between men and women, and gives a special protection to women in their property rights, the real practice of administration of justice is not as good as it should be. As women tend to be in an inferior status, they usually can't get the equal property rights, let alone special consideration. This article reflects upon the rationality and feasibility of the current Marriage Law and relevant stipulations by analyzing a real case, hoping to give a valuable reference to the establishment and improvement of the property-right relief system for the divorced women.In addition to the introduction section, this article is comprised of three chapters.Chapter One is "Introduction to the Case", in which the author briefly elaborates the basic situation of each party, separate claim from each party and the final court decision, by which the issue is introduced to be considered.Chapter Two is "The Legal Analysis of the Focus in the Dispute between Party Tao and Party Zhang", in which the author analyzes in detail all the counterpleas of the defendant and the flaws in the property-right protection for the defendant in this case.Chapter Three is "The Legal Consideration for the Protection of Divorcees' Property Rights on the Basis of the Case", which is the key part of the article. The author first studies the current system for divorcees'property-right protection and analyses the flaws in current laws and regulations. Then, the author comes up with his own idea about how to improve and establish a legal relief system for protecting divorcees'property rights.
Keywords/Search Tags:divorce lawsuit, female property rights, legal relief, improvement
PDF Full Text Request
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