Guarantee Of Life Rights And Interests For The Divorced Women

After the founding of The People’s Republic of China, the first Constitution (1954) affirms the principal of equality between the sexes. Hereafter, there are several constitutions uphold this principal all the time. The Constitution in our country has been revised many times, mainly focusing on the changes of important issues, such as economic system, ownership, the basic structure of the constitution, and so on. However, the principal of the equality between the sexes is never changed, which reflects one of the features of the Constitution. The Constitution (1982) which is currently in effect fixes the principal of equality between the sexes in article48. Our country has built the completed legal system which takes the Constitution as the core, female law as the main body, and is coordinated by kinds of laws and regulation to ensure women’s rights.The divorced women are taken as the special female group. They are in relatively difficult situation after they divorced. The laws should pay more attention to their life rights, which is the basic requirement to ensure the equality between the sexes, social harmony, and the rule of law of socialism.There are three parts in this essay. The first part mainly analyzes the basic principal of life rights guarantee for the divorced women, including connotation of it, analyzing the differences between the sexes and rights guarantee, and the legal sense for guarantee of life rights for the divorced women. As the logic starting point, the connotation part analyzes the relationship between the law and divorced women, and the scope of the guarantee of life rights for divorced women. The part of the differences between the sexes and rights guarantee analyzes the differences of marital status generated by the differences between the sexes, and manner the society treats women. All of those need guarantee of life rights for the divorced women by the law. And then, the legal sense for guarantee of life rights for the divorced women is discussed, including the meaning for guarantee of physiology and psychology for the divorce women. The second part analyzes the current situation, existing problems and causes for guarantee of life rights for the divorced women. The current situation includes measures from the Constitution, Law of Protection of Women’s Rights and Interests, and Law of Marriage. The existing problems mainly occur in the process and after the divorce. The problems in the process include dismemberment of property and raising children. The problems after the divorce mainly are from the pressure of economy, public opinion, the difficulty of remarriage, and the difficulty for raising children. The causes of problems lie in lack of social security, human care, and imperfection of legislation. The third part proposes suggestions to improve the guarantee of life rights for the divorced women as ruling in the Law of Marriage, including adding the provision of forbidding discriminating divorced women, revealing the weak position, issuing relevant provision to propose changing minds for divorced women, setting the compensation clause for family responsibility and obligation, and delete the articles which tend to protect men’s rights.