Research On The Protection Of Property Rights Of The Weak Indivorce System

With the change of people’s concept of marriage,the divorce rate in China has been increasing year by year in recent years,so the divorce group has been expanding.For the divorce parties,the divorce system is not only related to protect their rights and interests,but also an important guarantee for individuals to realize the freedom of divorce.In the field of marriage and family,there are actual differences among different subjects,such as husband and wife,children and the elderly,resulting in the identity difference between the strong and the weak.It is precisely because of the distinction between the strong and the weak,so the attention and protection of the weak is conducive to help them realize the freedom of divorce and improve the situation after divorce.Based on this,it is necessary to pay attention to the protection of the weak in the divorce system,especially the protection of property rights and interests closely related to the survival of the weak.The identity of the weak is relative,and the identity of the weak is different in different marriage relationships.The research on the protection of the weak in the divorce system should start from the typical vulnerable groups and reflect on the protection of the property rights and interests of the weak.Equality between men and women is a legal principle followed by modern society.In the value concept of civil law,the equality of property rights can better reflect the equality between men and women.In terms of marriage legislation,we should not only maintain the stability of marriage and family,but also pay attention to the substantial equality between husband and wife,especially on the issue of property.Although the status of women in our country has been improved compared with the past,women are still vulnerable groups on the whole,and they are more likely to be vulnerable and typical in divorce.Therefore,based on the female perspective,this paper analyzes the protection of property rights and interests of the weak group of women in divorce to reflect on the protection of property rights of the weak in the divorce system.This paper defines the scope of protection of property rights and interests in the introduction,and defines the concept of protection of property rights and interests of divorced women.There are four chapters in this paper.The first chapter demonstrates the particularity and necessity of the protection of divorced women’s property rights and interests.The second chapter focuses on the division of common property and the divorce relief system,analyzes the problems existing in the protection of divorced women’s property rights and interests.The third chapter analyzes the reasons why the property rights and interests of divorced women can not be effectively protected.In the fourth chapter,combined with the legislative background of the current civil code compilation,some suggestions are put forward to improve the protection of the property rights and interests of divorced women.The final conclusion part analyzes from the perspective of women,and puts forward legislative suggestions to improve the protection of the property rights of the weak in the divorce system.