Talk About Our Country Divorce System And Women Rights Protection

Divorce Law is not only the most important regulation of the Marriage Law, it is also the most ever changing one and most controversial one in the Marriage Law. Since China established Marriage Law in 1950, Divorce Law is the most important one in the two review of the Marriage Law, and it brings significant impact to people's life and the change sof marriage concept.Following the gradually increase of divorce every year, the population of divorced women increases. They as a special group of the female become more visible than before. As I handled lots divorce cases, I found that many of those female is under unfavorable living conditions. Because many of them are no longer young when they got divorced. They did not have extra energy to imporve their own career, knowledge and social network as consuming a lot of time in supporting their family. Therefore, they often face poverty, lack of skills, and limited socialability after divorced. It is difficult for them to get married again and be employed, even just to survive. All these make these divorced women who are discriminated become ever weaker in the weaker female group. Hence we need to provide legal supporting system and assurance mechanism to the one in weaker position (mainly the female) and who need to raise the childen when protecting the freedom of divorce. Only when this is achieved, it can truly realise the protection to the human right and female right.Even thought we have made lots effort in protecting the lawful right of the divorce women and made lots progress by far, e.g. the launch of Marriage Law in 1980, Female Right Assurance Law in 1991 and the review of Marriage Law in 2001. However, there are still lots rooms for improvement in the legal practice and the practicality of the Law. Lots divorced women are well aware to use legal weapon to protect their right. They give high hope to the Law when their legal rights are being severly damaged encountering the marriage problem. They try to safeguard their rights through submitting suits in the court. However, they might not be protected due to the difficience of the Divorce Law especially the Divorce Relief Law and relevant laws and regulations.This article provides some ideas through some case studies of the existing issues in the prevailing Divorce Law especially the Divorce Relief Law. I hope it can be used as the constructive suggestions in protecting the rights and interests of the divorce women.