Balance Of Marital Property Interests Under Gender Theory

After the implementation of the current marriage law,judicial interpretations and judicial precedents have adjusted the interests of couples' common property several times.By analyzing the adjustment direction,it has been found that there are many inequities in the implementation of the common property system of couples,though it seemingly equal.which has caused negative social impact.The reasons include gender norms,irrational design of the system which resulting in double standards,and the reasons for the discrepancy between the value orientation of judicial practice and the real society.This article hopes to adjust the interest relationship of husband and wife's common property by incorporating a gender perspective in the formulation and implementation of the law,so that the husband and wife property system is more fair in substance,so as to alleviate many social conflicts affected by marriage and love relationship.The thesis consists of five chapters.The first chapter is the introduction,the main contents of which are research background,research objects,methods and research significance.The content of this part introduces the premise and background of the problem discussion,summarizes the previous research results,analyzes previous research results,research methods and research ideas,and summarizes the practical and theoretical significance of the research.The second part is an overview of gender theory,which mainly introduces the generation and development of gender theory in western countries.Including the predecessor of gender theory,the development of feminist theory.It also analyzes the concept of gender theory and the significance of its progress.The third part is a general analysis of the current situation of the balance of husband and wife property interests in China from the perspective of gender theory.This includes looking at the husband and wife property system from a gender perspective and analyzing the reasons for the imbalanced distribution of benefits.The fourth part mainly analyzes the disputes existing in the husband and wife property system under the gender theory,the causes of the disputes and the negative social impact of these disputes.There are many controversial points,both at the cultural level and at the institutional level.The existence of these controversies has produced a lot of negative social impacts around the sexes and brought a bad negative effect on social harmony.This article hopes to promote the balance of husband and wife interests by adjusting the husband and wife property system and make it possible to alleviate these social problems.The fifth part is mainly about the equilibrium path of controversy under gender theory.considering with gender factors,I try to put forward suggestions that help balancing the interests of husband and wife under the framework of formal equality from the cultural,institutional,and judicial levels,hoping to make the common property system of husband and wife more fair and relieved social issues surrounding marriage and love.