The Protection Of Women’s Property Rights Under The Background Of The Third Interpretation Of Marriage Law

With the development of our social economy, the form of property increasinglydiversified and the property relationship between husband and wife is becoming moreand more complicated. Women’s property rights is basic rights of human rights, also animportant part of personal rights inalienable, the legal protection institutions of women’sproperty rights has aroused the concern of the society professional, they believe thatwomen’s property rights reflect the respect of the whole society for women’s personalityright, the physiological differences between men and women and different socialdivision of labor determines the law makes men’s and women’s right to equal what’s areflection of unfair. Our country marriage legislation is the concrete expression of theadjustment to marriage and family relations in different social period. The supremepeople’s court passed “the supreme people’s court makes apply to the explanation III ofsome problem about the protection of property rights for women of Marriage Law of thePRC”.This explanation has caused a heated social debate.This thesis is divided into four parts：Part I begins from the concept of husband and wife property rights protection,roughly describe the law on women’s historical evolution of property rights in ourcountry, and investigate its historical reasons of the inadequate protection of the rightsand interests of women in divorce property confirmed and segmentation of practicalsignificance.Part II describes the background, value orientation and debate reason to the newjudicial interpretation for the record, and analysis specifically the rules of propertyrights for the regulation of women, then describes the positive significance and defectsrespectively.Part III discusses the design on the reference about the legislated pattern ofprotection of women’s property rights and the system in typical countries. Analyzed andresearched the women’s property rights protection system which has widely recognizedin abroad. including America, Japan, Germany, France and Holland. America establishment the Forensic accounting for evaluate the divorce property which avoidone party transfer the property secretly, some professionals conduct a thoroughinvestigation on it, and found this method can usefully help court to determined theproperty of both sides; Japan set up three protections for divorced women generally onsupport payments, alimony payments and pensions; the Germany judge will initiative totake care of women’s property rights, and the husband should assume a big sum ofmarital alimony after divorce; the system of the right to know the status of maritalproperty in France is worthy to learn; Holland stipulate the alimony amount andmaturity which the divorce man pay for the woman also made the divorce rateplummeted.Part IIII starts from the current marriage system in China what caused a variety ofdivorce property dispute, then understand the current women’s property rights protectionin China presented by the characteristic and influence. From the aspects of the basicvalue orientation and specific system, based on China’s national conditions, make aspecific idea on women’s property rights protection in China.