Research On The Dwelling Right Of Divorced Women

The dwelling right is the basic right of survival,in reality,divorced women face the dilemma of survival because of the lack of housing security.This paper takes divorced women as a typical example to study the protection of the dwelling right after divorce.At present,the legislation on the dwelling right of divorced women is not comprehensive enough in our country,the corresponding system is controversial,and there are also problems such as vague identification in the judiciary.Based on the dilemma between legislation and justice,in order to make the current legal content about dwelling right of divorced women more reasonable,protect the interests of vulnerable groups,and give full play to the effectiveness of housing,this paper studies the dwelling right of divorced women through four parts.Although the dwelling right of divorced women is an economic relief in nature,it may involve property law in content.Consequently,the first part starts from the history of the dwelling right of divorced women in China,analyzes the relevant development of the dwelling right of divorced women from the two parts of marriage law and property law,so as to raise questions about the current provisions of the dwelling right of divorced women.Based on the problems in the first part,the second part of this paper studies the style arrangement and specific content of the dwelling right of divorced women in foreign countries.First of all,the foreign legislative style is studied and divided into two types: mixed style and separated style;then the relevant provisions of individual countries are elaborated in detail;finally,the paper summarizes and selects the feasible ways for China.Thereby,the paper draws force the dwelling of divorced women’ content which should be regulate on marriage law.As the provisions of the dwelling right in the property law of our country still need to be discussed,so we choose the separated style.Based on the choice of style,the third part of this paper focuses on the core content of the dwelling right of divorced women in the marriage law that is,"life difficulties" and considerate judicature.Combined with the provisions of foreign laws and the judicial practice in China,the consideration of “living difficulties” is divided into general situation and expansion situation.Finally,also based on the choice of style,referring to the content of the dwelling right of divorced women under the separation style of foreign countries,combined with the actual situation of the provisions of the dwelling right in China,the fourth part puts forward specific suggestions for the “appropriate help” of the dwelling right of divorced women in the marriage law.