Studies Of Property Rights And Interests Protection For Women Who Get Divorced

The value of civil law has decided that men and women ought to enjoyequal property right, function of marriageand family need to breaksuperficial equality, but run after "essence equality". "Marriagelaw" are to give special protection to the woman's property rightsand interests, but women' s property rights in real life is still afragile link in the process of getting divorced. In recent years, female right consciousness is strengthening unceasingly in our country, more and more female dares step off from unfortunate marriage. But theliving standard comes down commonly. Problem of female who getsdivorced over the past few years also catches more and more attentionof society. In such circumstances, the research that rights andinterests protects especially to woman who gets divorced hassignificance to women's living standard as well as the harmoniousdevelopment of society.The main body of this article is started from the reason whywoman property rights and interests protect specially, takes thefollowing aspects as main object of study, the woman' s right whengetting divorced, the helping reparation for divorced woman, the rightof asking compensation drawing to bearing child and housework anddamage compensation. The author analyses the current situation ofwoman' s property rights and interests protection and their deficiencycurrently in effect "marriage law" from the angle of law visual andsociety sex, tries to use legislation experience of two fundamentallaw departments for reference, proposed some suggestion for protecting property rights and interests of woman who gets divorced.Under existing law frame in our country, property rights andinterests of divorced woman mainly manifest in following aspects:principle of giving consideration to woman When community property iscarved'up, housework' s economical compensation system, economicalhelp system for divorced woman as well as the divorce damagecompensation system. These systems all have respective insufficiencyand the limitation: On the one hand and favors respectively in protectssome of the benefit, unavoidably has the situation which cannot attendto one thing without losing track of another thing, very difficult todisplay together to protect the divorced woman' s property rights andinterests. Based on divorced woman' s property rights and interestsspecial protection details to the overseas experience model and to ourcountry the ponder, the author believed that, our country "Marriagelaw" should further consummate to divorces the woman property rightsand interests the special protection system. For example: Entrustswith the woman to the husband and wife joint property right to know, takes the anticipated benefit which has the human capital integratesas the property division scope, thus guarantees divorced woman to thehusband and wife joint property fair division right; The establishmentof divorce insurance system, makes up our country tradition ofeconomical help system insufficiency; Restructuring to the family workeconomical compensation system, is mainly engaged in housewife'sproperty rights and interests; Takes the third party as theresponsibility main body of divorce damage compensate, thus protectsthe non-mistake side (mainly is bride's side) ' s property rights andinterests.In brief, the author thought that woman' s property rights andinterests protection in the present situation is far from the idealof "enjoys the right with the equality of the sexes". Divorced woman's property rights and interests protection need to carry on thelegal science theory and the practice exploration. The perfect legalframework is no doubt important, but we can't ignore latent regulationand folk custom habit effect at the same time. Judging from the angleascertaining equal female property rights and interests, only carrieson the entire social education in respect for the law popularizationand the cultural reconstruction, can we effectively protect divorcedwoman's property rights and interests, fundamentally solvepoverty-stricken which the woman faced.