| At the beginning of the founding of New China, in order to consolidate the new regime,stable social unrest, incomplete legal remedy, the country ’s top leaders of the urgent need todevelop the various sectoral laws. In this state of reality," People’s Republic of ChinaMarriage Law"(hereinafter referred to as the "Marriage Law ") appears as the new China ’sfirst law. It can be seen, compared to criminal law, administrative law and other legal sector,the social need is "Marriage." Just because the Chinese people from the turmoil betweenmarriage and the family members of the old society were rescued, then social relationsbetween people is still relatively tight, adjust the relationship between people, especially thesocial relationships between specific groups that the relationship is a priority, which plays avital role in stabilizing the people.The early days of the development of the1950"Marriage" at the time of simple socialrelationships, low levels of productivity between adjustment periods for special groups(marriage between family members) had strained social relations played a very importantrole, it can not be denied. But as to accelerate the pace of social development, especiallysince the reform and opening up, Chinese people in various fields of life have undergone a seachange in the field of marriage and family,1950"Marriage" was not able to play a role withthe subsequent1980"Marriage "In the introduction, the lack of coordination of economicdevelopment speed, backward1950" marriage " was abolished. Currently, no1980"Marriage" subversive modifications made are in1980," marriage" on the basis of minorrepairs and tuning. It can be said so far for1980," marriage" amendments are not contrary tothe beginning of the legislators to enact laws to protect the weak, the disadvantaged women,children, the elderly and other groups inclined intention. Later, the introduction of two judicialinterpretation of the Marriage Law also try to explain meets the original intention of thelegislator, however, until the "Marriage Law " introduced, academia and even aroused publicopinion in an uproar. Since the introduction of the new Supreme People’s Court "interpretation of applicable <People’s Republic of China Marriage Law> Issues (c)hereinafter referred to as " judicial interpretation of the Marriage Law (three) breaks through the traditional concept of Chinese people, there are many provisions of the development arenot considered in conjunction China ’s specific national conditions. For example, one party(China special conditions, the unique tradition is generally determined man) the purchase ofhousing, ownership only of their own, the woman is no longer possible to derive legalinterests. Especially in today’s society, rising house prices, coupled with China’s " with herhusband," the feudal tradition, the woman loaded dowry to marry the man, but alsohousework period of life, pension nursery, willing to man the good wife, can be said to bemade great sacrifices and contributions. After years of living together, the woman brought adowry has been exhausted, sacrifices and contributions have been made a lot, but this time thelaw says, when divorce property rights attributed to man. You know, the foundation of oursociety and is different from the Western countries, the status between men and women inWestern countries are not the same as equality, so seems to be fair and impartial law iscontrary to the country ’s specific national conditions.The purpose of the introduction of judicial interpretation is to make a clear interpretationof vague legal provisions, judicial practices to reduce confusion. As the " marriage" of theprovisions in favor of protecting the weak and the rich too principled discretion, leadingeasily backfire in judicial practice, so the Supreme Court " interpretation of applicable <People’s Republic of China Marriage Law> Issues (a) hereinafter referred to as " judicialinterpretation of the Marriage Law (a); Supreme People’s Court " interpretation ofapplicable <People’s Republic of China Marriage Law> issues (two) hereinafter referred toas " judicial interpretation of the Marriage Law (b) of the Marriage Law," has given thisfurther answer, then with economic and social development and the emergence of new socialhousing prices and other issues," judicial interpretation of the Marriage Law of three "introduced, however, some provisions of which it has deviated from the original intention ofthe legislator to protect the weak and increasingly distant, distorted legislative intent. It doesnot fully take into account the special status of women in the family and the implicit sacrifice.Westernized legal provisions are identified who is who buy real estate. Then you canimagine, the precarious status of divorced women. Judicial interpretation ignores China ’sspecial conditions and is bound to make the problem appear in judicial practice. Women in the event of divorce, are susceptible to damage property aspects.In this paper, the study of divorce proceedings houseless legal protection of women ’sinterests are divided into four parts. The first part is an introduction, describes the purposeand significance, current research, research methods and innovation, etc.; second partdescribes the divorce proceedings and the status of women is no room main reasons forpurchase from our tradition and women special duty levels were analyzed; third partintroduces the legislative status quo is no room for divorce proceedings to protect the interestsof women and problems, mainly from the defect segmentation and housing distributionsystem, financial assistance provisions of the defect, divorce damage compensation systemflaws and defects mortgage housing and other aspects of the legislative provisions existingproblems were analyzed; part IV describes the perfect divorce proceedings without housingsystem of legal protection of the interests of women, mainly from the division anddistribution system to improve housing, economic help request perfect right system, a clearimprovement and other aspects of divorce, residency system made recommendations toimprove the author. |
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