Gender Perspective Divorced Women Legal Protection Of Property Rights

Freedom of divorce is the legal rights of the citizens,but the fact that the divorce rate isrising year by year inevitably bring about many social problems,such as to raise and educatetheir children and women of property interests weakening.Treat these problems generated bydivorce,the law in accordance with the principle of fairness, look at the different needs of thefamily members,the balance of interests between the sexes,in particular,to take care of thelegitimate rights and interests of the weaker party,to minimize the social impact ofdivorce.The theory of gender is stems from the sociological research that the differencesbetween male and female is based on social system,constructed cultural environment,and thuscan be changed.The analytical method of the gender theory demands we inspect the differentsocial reality,life expectations and economic conditions that male and female faced with andanalysis the distinct influence of public policy to male and female,especially the negativeeffects to the female who is the marriage weak side.And then revise and improve thelegislation to eliminate the actual gender inequality.Though current“Marriage Law”of carry out the principle of gender equality and theprinciple of protect the benefits of female,the effects of it’s practice of those principles arebarely satisfactory which remains to be perfect.Introduce the gender analysis methodsinto“Marriage Law”,analysis the shortage of the protection on divorced women’s propertyrights,and construct a system on the standpoint of the gender equality which fits to the socialgender system which can not only promote the implementation of the principle of freedom ofdivorce,but also ensure the property rights of divorced women.In this thesis,in addition to the introduction,conclusion,full text divided into four parts.The preamble explained the main problem of this article to be discussed, researchmethods and research significance.The first section describes the research of relevant theories about social gender.Introduced the implication and development of gender theory,the content and method ofgender analysis.The gender theory claims that the difference between male and female isbased on social system and the construction of civilization circumstance, take the socialgender analysis as an optic angle,through supervise,criticize and reconstitution the design andimplement of the public policy,then realize the mainstreaming of social gender and advancegender equality. The second part describes the protection of divorced women’s property right, defined thedivorced women’s property right,analysis the necessity of protect the divorced women’sproperty right and the current situation of Chinese law on the protection of divorced women’sproperty right.On that base,discuss the significance of import social gender analysis into thestudy of “marriage law”,especially on the protection of divorced women’s property right.The third part analysis the relevant system about the protection of the property right ofthe divorced women.Utilize the social gender analysis method and pick out some problemswhich particularly reflect the gender difference such as the joint property division system ofthe divorced couples,the economic compensation system of divorce,the economic help systemof divorce etc.To illustrate that current “Marriage Law” is equal on the protection of the rightbetween male and female.However,for lack of gender consciousness in many ways,it can’trealize the actual equality between male and female.The forth section describes the perfecting suggestion about the current relevant systemunder the gender persperctive,including reconstruction the principle of community propertydivision,fortify the comprehensive evaluate standard of mortgage building,and complete thesystem of compensation request of couple’s property in the division system;broaden thecompensation scope of economic compensation system,detailing compensation calculationstandard;complete the macroscopic structure of economic help in divorce economic helpsystem,explicit the style, amount, change of divorce economic help system.