Gender Analysis Of Divorce Division Of Property System In China

Marriage and family is the cell of society, it is the foundation of human society,its status changes with changing human law. Gender theory and gender analysismethods is the sociological study results, will help men and women on an equal level,look at men and women their own characteristics, needs, in order to develop more inline with the gender interests of public policy in order to advance gender equality.Lev Tolstoy said: "happy families are all alike, unhappy family is unhappy in itsown." Law in the treatment need for the divorce, property division divorce family，but also to look at the different needs of men and women, fully protect the interestsof both sides，especially the legitimate rights and interests to protect marriage weakside. Current "Marriage Law" and its three judicial interpretations in the divorceproperty split system should be perfected, especially housework ’compensationsystem, divorce property split system and divorce of intellectual property rights ofproperty income distribution system and marriage and after divorces interests of bothmen and women are closely related to the system, there are still some drawbacks.Gender theory and its analytical methods to the study of divorce, property divisionsystem, the legislative proposals on these systems, so that we can stand on theposition of gender equality, a more equitable development conducive to the interestsof both men and women of divorce and property segmentation system to protect bothmen and women, especially the woman’s property rights, and further promote genderequality and social harmony and stability.In addition to the introduction, conclusion, full-text divided into four parts.The preamble explained the main problem of the article to be discussed,Research, research methods and research significance. The first section describes theuse of gender theory analysis of the causes and significance of divorce division ofproperty system. Introduced the concept of gender theory, highlights the need forgender analysis method Vetting Marriage Law and the feasibility of the generation and development: Due to the traditional class analysis methods can not adapt to thedefects of modern marriage and family life, and criticism of patriarchal genderanalysis methods have female characteristics and needs will be fully reflected and inline with the Marriage Law of Equality of the advantages , Gender analysis methodsto the introduction of divorce, division of property system can effectively analyze thedifferent interests and different needs of men and women in marriage, in order todevelop a variety of tilt of the policies and laws, to give special protection to theobvious disadvantage groups.The second part describes the inadequacy of the system of divorce division ofproperty under the Gender Perspective: First, there are three point of inadequate indomestic labor compensation system, that is applicable to the premise ,the standardof compensation, the period of application deficiencies; second, the divorce propertysplit system, especially "Marriage (explain)" 7 and 10 less than in the genderperspective, and its defects in the legal technicalities; Third, the inadequacy ofdivorce intellectual property from property income distribution system.The third part analysis our country divorce belongings the system of insufficientanalysis on the reason make use of social gender. First, the housework compensationsystem, the passage introduced the status and its impact of housework in China inthe first place, and analyzed the reason for the existence. Second, divorce propertysplit system. Second, the passage focused on the analysis of reasons for divorceproperty split system, especially "Marriage (explain)" 7 and 10.Third, the passageanalysis the inadequate of divorce intellectual property from property incomedistribution system：Because of the legal is be short of segmentation of theprovisions of intangible property in the divorce, is the neglect of the interests of thewife, and it would seriously undermine the legitimate rights and interests of divorcedwomen.The fourth section describes gender Perspective on the legislative proposals ofthe divorce division of property system in China. First, the housework compensationsystem: 1, Expand the scope of compensation to the jointly owned property system；and the provisions of the restrictive conditions of the applicable domestic laborcompensation system in the community property of husband and wife; 2, the specific provisions of domestic labor compensation calculation standards; 3，expand thedomestic labor compensation system applicable to periods during the marriage.Second, divorce property split system: We should foster respect for the protection offamily harmony and stability, focusing on protecting the overall interests of thefamily legislation values, not to protect the rights of the individual grounds ofneglect of the protection of the interests of the family as a whole.1, For the MarriageLaw (explain) "7, 10,we should be the guiding spirit in order to protect the legitimaterights and interests of women and marriage stability. 2, it is recommended to deletethe "Marriage Law (explain)" 7. 3, increasing the flexible terms and conditions of therecipient property divorce assigned, 22, paragraph 2, of the marriage recipient of realestate is still explained to the "Marriage Law "as the basic terms of both husband andwife agreed prevail. 4, the proposed split before marriage mortgage marriage toobtain real estate license housing, increase in mortgage housing split assessmentcriteria, reasonable arrangements for the housing issue of property rights. Third,right to divorce the intellectual property rights from property income distributionsystem, proposed should be added the intangible property, the scope of theprovisions, additional provisions of intellectual property rights look forward toseparate the interest of the way, in order to achieve the protection of the legitimaterights and interests of women, to promote family harmony and stability.Epilogue pointed out, Chinese contemporary gender equality, in particular,women’s advancement and women’s own development needs the law to promote;law should be to make the appropriate adjustment. Be free men and women andsociety as a whole, harmonious and stable development.