A Study On The Protection Of Property Rights And Interests Of Rural Women In Divorce

With the rapid increase of divorce rate, the most serious problem is the allocation of property in divorce. This paper force on the property rights of rural women, with the reason that women are in a vulnerable position in the economic and social life, especially the rural women. Not only women’s own natural physiology but also country own customs against the law policy. Rural women’s property is non-independent, rely much on family common property. Although Marriage Law and other laws made protection of women’s property rights, break the formal equality between men and women, but realize substantive equality needs to do more. Rural divorced women’s property play an important role in women’s living standard and quality. Form this point, protect rural divorced women’s rights have positive effect on the protection of women’s rights, the promotion of life quality after divorce and the construction of harmonious society.This paper focus on four aspects of rural divorced women’s property rights:land contracted management rights, rural usufructuary of land for building, joint debates of conjoint and economic compensation rights of housework. Land is the farmers’production and living materials, and is the guarantee for their basic living. In the countryside, most of the divorced women lost their lands, besides other property rights lack of effective protection. Farmers rely much on lands, recently most of the farmers transfer to non-farming jobs, male farmers first free from the shackles of lands, but the majority of women do not. As it says:" Men outside the home, women inside", women do most of the house works, so women do not have their own independent property, also the outside worked men have chance to hide and transfer the money.By means of a case illustration and the data, present the situation of property rights infringement and find out the reason. From a legal perspective, based on objective conditions, the present laws and regulations, to pinpoint the source of the problem and put forward my own opinion, I except to have something good for rural divorced women’s property rights protection.