On The Principle Of Gender Equality In The Marriage Law Of China

The principle of gender equality has become a global trend in modern world, and women's legal status and social status have being gradually improved. Since the founding of new China, the field of gender equality principle in the Marriage Law has also been sustained implementation. Nevertheless, our current marriage legislation and judicial practice law in the protection of gender equality there are still many limitations. This article attempts to marriage and the legal system in China under the legislative and judicial protection of the rights of women as an example, to whether it should implement the principle of gender equality and how to further promote the realization of this principle as the central issue discussed by the analysis of the system to reveal our legislation and judicial practice in the lack of gender equality and issues put forward countermeasures and suggestions for improvement, that the further improvement of the marriage law to provide inspiration and reference.Besides the introduction and conclusion, this article is divided into four parts:The first chapter describes the theoretical basis of equality between the sexes. The results from the equality of opportunity and equality, procedural equality and formal equality and real equality and real equality reveals three aspects of equality implications, are reviewed from the perspective of universal human nature arguments and arguments from the perspective of the social function of gender equality are two basic theories, overview of three representative view of feminism and gender equality under the law of marriage, gender equality concept.The second chapter on the marriage equality in our legal system's performance. And property and personal relationship between husband and wife are two broad areas, a detailed examination of the principle of gender equality rights in the name, spouse rights, matrimonial property system, various aspects of marital debts, specific performance.The third chapter analyzes the legal system of marriage and lack of protection for gender equality, focusing on security from the perspective of women's rights, pointing out that in personal relations, the existing marriage law does not specify the spouse the right to exist, independent personality and freedom of women to be further enhanced, women the lack of defenses for the obligations of cohabitation, family is not enough refining agents, the right of the spouse Portion difficult to operate, the fact of marriage is not recognized the woman's personal rights and other deficiencies in the property relations, there is a lack of general principles of the existing marriage law provisions, on the property conventions lack of publicity requirements, for the marriage during the division of property does not require, the couple shared the debt recognized standards reflects the creditors over-protection, a couple of debt system supporting rule missing, the divorce action for damages in the women's disadvantaged status was so inadequate.Chapter IV noted above for the current lack of marriage law, from the promotion of gender equality, women's rights to maintain the appropriate legal measures proposed. First, improving the relationship between husband and wife personal legal system, including the right to establish and perfect the system of the spouse, and strengthen women's protection of personal independence and personal freedom, the establishment of the separation system, improve everyday family agency system, the protection of women's marriage and inheritance rights, given the fact that the state of marriage some special protection of women; second is to improve the legal system of property relations of husband and wife, including the provision of sound general principles, the establishment of marital property contract of the public system is the legal property system to establish and strengthen the couple's property report preservation obligations, to establish more equitable a reasonable debt settlement rules, improve the burden of proof of divorce and other damages.