Research On The Divorced Women’s Property Rights Protection

Women property rights protection at the time of divorce is not a rare topic, many scholars have already done this topic. The reason why this paper chose the topic is the author in June2013participate in the southwest university of political science and law institute of civil law teaching and research section of chongqing district court a divorce case research. The author in writing about women’s marriage and family rights and interests in the process of study, found that although the legislation of the property rights and interests of women at the time of divorce to give such protection. In practice has made some achievements, but also has many rights and interests protection.Women face the plight of divorce property rights protection, we have to review the relevant laws and regulations, Rethinking the operation in judicial practice, looking for women’s lack of property rights protection in the process of divorce, using the empirical analysis, historical investigation, comparative analysis and other methods to examine when divorced women’s property rights protection, Find out the problem of women divorce property rights protection in our country, and in view of the insufficient analysis of the reason, put forward to perfect the proposal.In this paper, the text is divided into four parts,The first part:the protection of the rights and interests of women at the time of divorce property overview. This part firstly illustrates the divorce property rights to special protection for women, the value concept of the civil law determines the property of the men and women should enjoy equal rights, the functions and characteristics of marriage and family law requires the protection of women at the time of divorce property rights must break form of equality, and the pursuit of "equality" in real terms, At the same time, the research also reflected in the women’s jobless rate is quite high, economic condition is inferior to men, after the divorce easily fall into the embarrassing situation of difficult times, therefore its property rights at the time of divorce to special protection, so as to realize a real fair. Secondly introduces the commenting on women’s divorce property rights, including the common property of husband and wife the right to fair division, economic difficulties for help, housework compensation claims and the divorce damage compensation claims. The second part:investigation about the present situation of the protection of the rights and interests of women at the time of divorce property. This part first elaborated the judicial practice in the protection of women’s property rights when the divorce the status quo, on the basis of survey data, through the statistical analysis, found the following features, First, a division of common property of husband and wife is given priority to with consultation; Second, divorce economic the divorce relief way to help is the most often used;Third, request divorce a smaller number of the economic compensation case;Fourth, request a smaller number of the divorce damage compensation cases. Secondly analyzes the women divorce effect and the plight of the property rights protection. Success lies mainly in the first, it is fair to divide common property of husband and wife, the husband and wife together debt; Second, the ratio of women to obtain housing slightly higher than the men, women need to moderate living difficult problem; Third, divorce trial of economic help pay attention to mediation, and largely to get help. And rights and interests protection predicament, main show is in the divorce of husband and wife common property division exists defects;Economic help system can’t effectively help women at a disadvantage when the divorce;Economic compensation suitable conditions are harsh, the divorce women’s property rights can not get due compensation;Divorce damage compensation system is difficult to effective rescue no-fault a wife.The third part:the analysis of the reason for difficulties in protection of the rights and interests of women at the time of divorce property. This part mainly analyzes the reasons of the existence of reflects the problems in the research, and includes both legislative defects, including operation in judicial practice. In dividing the common property of husband and wife to take care of her and children principle provision is too principle and broad, and so less used in practice; And lawmakers on divorce economic help take "absolute difficult theory", makes it applicable conditions demanding; Divorce because of economic compensation is only applicable to property system of husband and wife, respectively, in real life is rare;The reason exists in divorce damages compensation is less, the difficulties of proof.The fourth part:the improvement of the system of protection of the rights and interests of women at the time of divorce property. This part focus on discuss system perfect measures.First, ensure that women for joint fair division of property rights, and second, economic help relax the applicable scope, the third, expand the housework compensation system, the applicable scope of the fourth, improve the system of divorce damage compensation.In conclusion, the author thinks that should according to the actual situation of our country, the protection of the rights and interests of women at the time of divorce property problem exploration of theory and practice of law, perfect the legal system. At the same time, from the point of view of implementation of women equal property rights, the legal system education for the whole society should be universal and cultural reconstruction, and thus truly effective protect the property rights and interests of women at the time of divorce, fundamentally solve the divorced women facing the issues of economic distress.