A Study On The Safeguard Of The Rights And Interests Of Females In The Divorce Proceedings

Protection of women's rights is not only the human rights system's important component, but is also a current rights and interests of women research important content.The woman as society's main body, whose individual rights and interests must obtain takes seriously, particularly its conjugal family right should obtain the effective safeguards. In divorce suit feminine rights and interests system of safeguards consummation, not only may maintain the woman this minority groups the legitimate rights and interests, moreover may also promote the entire society's fair justice, This article mainly adopts the empirical analysis, compared with methods and so on research, from legal, theory and social and judicial practice angle, To the current rights and interests of women's safeguard present situation, the existence question and the reason carry on the system analysis, to the rights and interests of women safeguard's necessary foundation, proposed consummates the rights and interests of women several suggestions, The full text altogether divides into three chapters:The first chapter the analysis divorces woman's present situation and proposed that protects the feminine rights and interests to divorce feminine benefit particularly. first embarks from the law itself, adopts the comparison research the method, analyzed in 1950, in 1980,2001 marriage law to consummate unceasingly about the rights of women stipulation, present namely 2001 marriage law has been clear about the divorce compensatory regime and the divorce damage compensate system particularly. But But analyzing divorces the woman present situation,for example divorces woman's community to expand, the life difficulty, the child education receives questions and so on influence,and analyzing the rights and interests of women safeguard the necessity, Proposed that needs to further consummate our country to divorce woman's rights and interests.The second chapter the introduction now in the divorce suit in the rights and interests of women safeguard's present situation and the existence question, Simultaneously must see the current law the insufficiency, in the freedom of marriage, the domestic abuse, the husbands and wives property division, in the divorce damage compensate exists particularly harms the rights and interests of women the question.The third chapter proposed that consummates in the divorce suit the rights of women protection suggestion first analyzes the reason which from the historical thought's angle and the social angle the rights and interests of women suffer injury, is mainly the system is not perfect, legal insufficient consummation. Next, from sets up do occupy the system, to implement the property solid famous system, the third person to infringe upon the right, compensate system,as well as sets up specially presents evidence aspect consummation laws and so on system to achieve to the divorce suit feminine rights and interests protection.