On The Legal Protection Of The Rights And Interests Of Left-behind Women In Divorce Cases Of Migrant Workers

Women left behind is a special group in the development of urbanization and industrialization process,the responsibility to "half the sky",known as the "backbone" in the family life is not too much,the husband of migrant workers in the period,charged with the home in rural land to work,taking care of the elderly and children,,but the social concern of this group is less.Safeguarding the legitimate rights and interests of this group is of great significance to the stability of rural environment and harmonious family life.In this paper,at first,I introduce the concept,characteristics,scale and development trend of the left behind women,and the basic situation of the group is introduced to show the significance of the study on the left behind women.Then I focuses on the protection of the rights of the left behind women in divorce cases,because of their rights in the process of divorce the most serious damage.In order to support the scientific nature of the study,I through the inspection of migrant workers divorce cases,and then sort out these cases,using data to guide the article also provides scientific support for the study.Firstly,the characteristics of the migrant workers on divorce cases can be clearly obtained,mainly include:the number of cases increased year by year,The plaintiff is mostly female,the excess male divorce case the parties tend to be young.Then,gradually in-depth understanding of the causes of divorce cases,through the classification of the characteristics about the case,according to the time sequence from the conclusion of marriage to the end of the marriage relationship analysis of the reasons for divorce.The migrant workers in divorce cases controversial issues are divided into integrated screening,the protection of property rights and personal rights,the problem is most closely guarded selection and protection of woman’s rights relations are discussed,in terms of the property rights include:the division of matrimonial property,economic help,divorce damage compensation,housework compensation.The protection of personal rights include,the left behind women are most vulnerable to the violation of the freedom of marriage,domestic violence.In this part of the elaboration,I selects the typical case,combining theory with cases,unfolds the basic question simultaneously to analyze the reason.For the protection of property and personal rights of some problems,I analysis from two aspects of subjective and objective,the object causes include the influence of traditional ideas,the current laws are not perfect,the relief mechanism is single;the subjective causes include the litigation capacity of left behind women is insufficient,difficulty in providing evidence.According to the above analysis the problems and reasons,I puts forward the countermeasures to protect the legitimate rights of women left behind in a divorce:perfect the "marriage law" from the divorce economic help,damage compensation,analysis of domestic labor compensation;the initiative to reform divorce proceedings system requires a play of subject of litigation to the court to cooperate actively;finally improve the ability of women left behind litigation respectively from the provision of legal aid,legal awareness,social organizations to discuss three aspects of power.In order to make sure the social value of rural left behind women,safeguard the legitimate rights of the disadvantaged party,and provide some reference for the protection of the rights and interests of the left behind women.