Legal Protection Of Women’s Rights And Interests In Tibetan Pastoral Areas Problem Research

Tibet is an autonomous region of ethnic minorities with Tibetans as the main body.80%of the population is distributed in the agricultural and pastoral areas.Although there is still a certain gap in economy and culture between Tibet and the mainland,with the development of society and the change of marriage concept,the cities and agricultural and pastoral areas in Tibet show synchronous changes with the mainland,that is,the divorce rate continues to rise,and the divorced population gradually shows a younger trend.Even though women’s social status has been improved to a certain extent,the inequality of social status between men and women in Tibet is very prominent in the agricultural and pastoral areas,and women are still in a weak position.At present,the divorce rate in Tibet’s agricultural and pastoral areas is increasing year by year.As a weak position of divorced women,there are still many problems to be solved in the protection of their legitimate rights and interests and difficult relief.These issues are not only related to the rights and interests of divorced women in Tibet’s agricultural and pastoral areas,but also related to the peace and stability of Tibet.In view of the current situation of divorced women in Tibet’s agricultural and pastoral areas,the corresponding countermeasures are proposed,which are conducive to achieving equality,unity and common prosperity of all ethnic groups.At the same time,they are also an important strategic thinking of implementing General Secretary Xi Jinping’s "ruling the country first,governing the border and stabilizing the border".This requires that we must pay attention to the rights of the divorced women in the agricultural and pastoral areas of Tibet to survive and develop,so that the rights and interests of the divorced women in the agricultural and pastoral areas can be protected.The problems of property division,children’s visit and alimony payment brought about by the divorce of farmers and herdsmen in Tibet’s agricultural and pastoral areas have become a factor restricting the development of agricultural and pastoral areas.In order to protect the legitimate rights and interests of women,promote equality between men and women,and promote the development of women’s cause,the Tibet Autonomous Region,in accordance with the law of the People’s Republic of China on the protection of women’s rights and interests and relevant laws and regulations,combined with the actual situation of the Tibet Autonomous Region,revised and implemented the law of the People’s Republic of China at the 35 th meeting of the Standing Committee of the10 th people’s Congress of the Tibet Autonomous Region on July 28,2017 In order to achieve the goal of balancing the social differences between men and women in Tibet Autonomous Region,women’s status in agricultural and pastoral areas has been improved compared with that in the past.However,due to the particularity of psychology and physiology,women in agricultural and pastoral areas are still in a weak position in society.Divorced women in rural and pastoral areas are a special group,which can not be avoided because of the damage to their rights and interests caused by divorce.The civil code of marriage and family clearly stipulates three divorce relief systems in China:divorce housework compensation system,divorce economic assistance system and divorce damage compensation system.The application time of these three systems is limited to "divorce",so what is the relief system for women after divorce?Although the law has relevant provisions on the children’s visitation right and child support fee after divorce,there are still some defects,such as the implementation is not in place.As for the division of property between husband and wife,the law provides that women’s interests can be taken care of during the division,and also provides that some cases can be re divided,but too principled provisions lead to the mechanization of the application of the law.In addition,the economy and culture of Tibet’s agricultural and pastoral areas are backward,and divorced women are almost illiterate or semi illiterate.When their own rights and interests are damaged,they do not consciously obtain the protection of their rights and interests through legal means.This factor is also an important reason why it is difficult to protect the rights and interests of divorced women in agricultural and pastoral areas.Combined with the existing provisions,this paper will analyze the three issues of divorced women’s personal rights in agricultural and pastoral areas,including the right to visit their children,the right to change the division of property rights and the right to claim for child maintenance fees.From the perspective of improving the awareness of rights protection of divorced women in agricultural and pastoral areas,we can better protect the legitimate rights and interests of divorced women in agricultural and pastoral areas.