On The Protection Of Women's Right Of Our Country In The Division Of Property In Divorce

With the rapid development of China's economy and society,the people thoughts is constantly changing.People's concept on love and marriage become more and more complex with increase economic and social gains.Since 2004,China's divorce rate continues to rise,the number of divorced women continue to increase.Although,at present our country the status of women has been greatly improved,but on the whole,women are still in a weak position,therefore,the division of property in a divorce,in order to achieve equality,full consideration shall be given to women's disadvantaged position,giving full protection,but the actual situation is not good enough.Therefore,this article from the two aspects of legislation and justice of the analysis,the crux of the problem,and the effects of the provisions of foreign law,puts forward some relevant suggestions.The first part of this paper,introduce the current situation of protection of the rights and interests of the division of property in a divorce in the divorced women,at the legislative level,China's "marriage law" stipulated in the division of property in divorce in the provisions of the protection principles and divorced women interest relief system,but for women's rights and interests protection does not play too many substantial effect.In addition,in the judicial practice,through the collection of the case,summarizing the current status in the judicial practice,according to the present situation,summarized the existing problems.The second part of this paper,on the basis of the first part,depth analysis of reason in our country of divorce division of property rights of the weak protection of women.In the aspect of legislation,the provisions of the joint property of husband and wife is not reasonable,divorce property division principle too formal,divorce relief system the lack of maneuverability,there are unreasonable,the urgent need to adjust.In judicial practice,the burden of proof for the fuzzy and legislation limitation,which makes the stretched in the problems of the protection of property rights of divorced women on.The third part of this paper,the extraterritorial reference and reference is also a way to perfect its legal system,based on the study of foreign law related system,director take people,improve the legal system of divorce property division.The fourth part of this paper,based on the summary and analysis of the former three parts,the introduction,aiming at the deficiency of existing in our country,put forward the perfect suggestions,in order to protect divorced women in the division of property in the protection of the rights of.The main measures by increasing the human capital evaluation and compensation system and establishing the property notarization system to improve China's marital property system;to the principle of fairness principle of equal substitution,the applicable provisions of clear care principle,compensation principle,compensation principle and help the principle way to perfect our divorce property division system.Finally,through the improvement of divorced women in divorce property division system of burden of proof in the system to safeguard their property rights.