Divorced. On The Right Of Residence Of The Judgment Of Women

The dissertation, On the Rights of Housing of Women which among the Divorce Decrees-With the Legislation on the Housing, is discussed under the background of the disputing problems about distributing house during divorce decrees. House is one of the biggest problems between clients in divorce in China, now. The higher the house price is, the more serious the problems are with the reform of house system. When a female appeals for the marriage house, she faces to the strong antagonism from the house owner and tenant. At the same time, the count decides the females get the right to live in her marriage house continually after divorce in order to protect them. Such decrees evade the conflict between the females and the other persons who stand for some rights on the house.But such divorce decrees have no basis on the legislation because there is provision about dwelling right in China. So, there are conflicts in such decrees between what is reasonable and justice in substance and illegal in form, Le. they protect the wives to realize their dwelling rights on the one hand, but on the other hand they limit, even deprive the rights of other persons who have rights on the houses no basis on the definite legislation.Otherwise, without the legislation, no one knows the definite concept of the dwelling rights. It makes those decrees not to be carried out smoothly. The owners and the tenants don't admit the dwelling rights. And there appear other new problems and conflicts for the houses.The dissertation discovers the conflicts between the real fair and formal illegalness in divorce decrees from the judicial practice of current China, and points out that it is difficult to resolve the problems of female dwelling rights because it relate to several elements such as historical, economic, social and cultural elements, etc.Residence difficulty is a serious problem all over the world, which has been cared by a lot of countries. Many countries such as Germany, France, Italy, Swiss, Portage, Bojalia, British, the United States and Australia make rules to protect the dwelling rights in civil law, marriage law and decrees cases. The legislative experiences on dwelling rights are benefit of our country.The awkward position of the divorce decrees is on basis that the concept and system of dwelling rights are lack in current civil and marriage laws, which is an important system to adjust the legal relations of residence. The dissertation concerns the legal characteristics on dwelling rights, and takes some suggestions on legislating dwelling rights.The greatest breakthrough point and contribution of the thesis is to research on dwelling rights as real rights, and points out legislative suggestions on dwelling rights in our country. Thus, it fills the gaps about the research of housing fights among the civil legal fields of our country. Another breakthrough point is on the angle of view and way of science of civil law. The topic of the thesis focusing on real rights of civil law and marriage (family) law stretches across several legal fields and several social science subjects. In the sphere of legal sciences, the thesis taking account to judicial practices on divorce decrees, solution of problems on dwelling rights, system of dwelling rights and dwelling rights as one of basic human rights, and etc. discusses real rights of civil law, marriage law, real estate law, jurisprudence and judicial system, and etc. In the sphere of social sciences, the thesis takes several fields of sciences into consideration such as legal science, sociology, anthropology and female studies. Therefore, the most difficulty of the thesis is to discuss real rights law and marriage (family) law with different subjects and theories of legal sciences and other social sciences.The dissertation consists of 6 sections: Introduction, Current Situation of Problems on Dwelling rights among the Divorce Decrees (Chapter 1), the Social Background of Problems on Dwelling rights among the Divorce Decrees (Chapter 2), Legal Characteristics of Dwelling r...