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A Study On The Legal Issues Of Safeguarding The Rights And Interests Of Divorced Women In China

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Q TangFull Text:PDF
GTID:2416330623965670Subject:legal
Abstract/Summary:PDF Full Text Request
Issues such as the division of property,visits to children,and payment of child support due to the dissolution of marriage have become the focus of society.Although China has enacted the "Women's Rights Protection Law" or added special protection to women in other laws to achieve the purpose of balancing the social differences between men and women and improving the status of women compared to the past,because of the physical and psychological Particular,women remain vulnerable groups in society.Divorced women are more special in this group,because the issue of divorce may cause damage to rights and interests cannot be avoided.China's current marriage law provides for three types of divorce relief systems,namely,divorce economic compensation,divorce economic assistance,and divorce damage compensation systems.All three systems are limited to "at the time of divorce",so what about women's relief system after divorce? What should I do if my rights are violated? Although the law has relevant legal provisions on issues such as children's right of visit and child support after divorce,there are still certain shortcomings,such as inadequate enforcement.As for the division of property between the spouses,the law provides for the care of women's interests during the division,and some situations where re-division can be carried out,but the over-principle provisions lead to the mechanization of the applicable law.This article will analyze the three hotspots of divorced women's personal rights,the right to change property divisions in property rights,and the right to request child support in combination with existing regulations,so as to better protect the legitimate rights and interests of women after divorce..This thesis is divided into three parts for specific elaboration.The first part is an overview of the protection of the rights and interests of divorced women.It defines the concepts of divorced women and the protection of the rights and interests of divorced women,summarizes the characteristics of the rights and interests of divorced women,and clarifies the protection of the rights and interestsof divorced women from the perspectives of jurisprudence,law,and society.And compare the protection of women's rights with those of divorced women.The second part is an analysis of the current situation of the protection of women's rights and interests under the current divorce system in China.Starting from the existing divorce economic compensation,divorce economic assistance,and divorce damage compensation systems,this article analyzes the problems existing in the application of the three systems.The problems discussed in divorced women are summarized,the shortcomings of the three problems at the current stage are analyzed,and the causes are analyzed.The third part puts forward new ideas for the construction of China's legal system to protect the rights and interests of divorced women.Mainly addressing the shortcomings of the right to visit children,the right to change property divisions,and the right to request child support,this paper proposes countermeasures from three aspects: legal provisions,law application,and law enforcement to protect the legal rights of divorced women in China.
Keywords/Search Tags:divorced women, rights protection, problem research
PDF Full Text Request
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