Study On The Property Right Protection Of Females In Divorcing

Equality between men and women is the basic legal principles followed in the modern society. In the value concept of the civil law, the equality between men and women to a large extent reflects on the property rights of equality, and the value concept of marriage law is to safeguard the family harmony at the same time pay more attention to the essence of the couples of fairness and justice, the most prominent performance on both sides of husband and wife for the allocation of property in divorce. Although legislation intended to focus on the property of the divorced women rights and interests safeguard, but the existing legislation for divorced women property rights protection is still inadequate, in "the marriage law judicial interpretation (three)" issued after the marriage values of the previous guarantee marriage and family harmony as the purport to pay more attention to personal property in the form of equality between both sides of husband and wife. Especially in modern society more and more families full-time divorce women, for his divorce property rights protection is more important, the legislation for this aspect of the content is no clear specification. For divorce women’s property rights protection, define the scope of the divorce women’s property rights should not be limited in a couple of the division of common property rights, also including the divorced women can request based on the difficulty of life help for divorce economy rights and interests, and the distribution rights and interests of premarital personal property after marriage proceeds, pay economic compensation rights and interests of the household chores, and divorce damage compensation rights, the rights and interests of the economic interests should be is the guarantee of divorce women’s property rights.Combing the current legislation and judicial interpretation of the norms, can be found that the existing specifications for divorce women’s property rights and interests safeguard is still lacking, in life difficult economic help rights not enough meticulous, no unified perfect calculation standard and way, the lack of specific operational; Premarital personal property income profit distribution after marriage is not perfect; Housework economic compensation applicable scope narrow; Divorce damage compensation system lack of specific mode of operation and the scope of damage compensation calculation standards, etc. Judicial practice in dealing with a divorce women’s property rights issues, at-home divorced women assigned to the rights and interests is particularly urgent. At-home divorced women refers to at the time of the divorce have no full-time or part-time corresponding social professional, dedicated to take care of the family life as the main task of women. Due to family full-time divorced women have no social economic career when the divorce is no independent economic ability to life after divorce face enormous economic pressure to survive, it is necessary in the process of divorce for special safeguard their property rights.Comprehensive comparison level typical countries on divorce women’s property rights and interests protection legislation and practice of operation, this paper argues that show the "marriage law" of marriage equality and freedom for full-time divorce women’s property rights and interests protection must break form equality and the pursuit of real fair, which provide special protection for full-time divorced women’s property rights, so as to realize a real fair. For the improvement of the divorce women’s property rights and interests protection Suggestions, need of common property division in divorce, personal property before marriage proceeds of belonging, obtain economic help right after marriage, housework compensation claims and its perfect for compensation for divorce damage, etc. First of all, to expand the range of the division of common property of husband and wife, in terms of at-home divorced women, such as pensions and social insurance protection fund shall be incorporated in the scope of segmentation, to expand the premarital personal property after marriage proceeds distribution range, should include fruits and natura appreciation part; Secondly to build a deadline divorce support system; Again, housework compensation system should be improved and expand its applicable scope, including not only husband and wife property system respectively, including housework compensation in common property system of husband and wife; Finally, divorce damage compensation, to determine the range of the compensation and calculation standards.