Discussing The Geder Quity Of Properties Division In Divorcement

The third judicial interpretation of the marriage law promulgated by the Supreme People’s court of China on August12,2011. This judicial interpretation has attracted high attention from the whole society. The ownership of the property became the focus of controversy. Some scholars think this judicial interpretation has bad effect on marriage concept. They also think this judicial interpretation is for men’s good. In fact, it is a misunderstanding, which based on the traditional concept that women are weaker than men. It is wrong to define quality by sexual distinction. And it is gender discrimination rather than gender favor. Moreover, weakness is not an excuse for gender favor. In fact, this judicial interpretation has no favor on men or women. This judicial interpretation has highlighted the gender equity. In the paper, the author will discuss the background of the judicial interpretation and the definition of gender equity highlighted in the judicial interpretation.