Research on Protection of Women's Rights and Interests in Divorce Disputes

DOI: https://doi.org/10.62517/jel.202514522

Author(s)

Ye Fan

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In marriage and family, different subjects have actual differences, resulting in the unequal relationship between the strong and the weak. The principle of equality is the most indispensable part of the value concept of civil law, and is an important basic principle to maintain the harmony of the social family and the equality and stability of the relationship between husband and wife in the legislation of marriage and family. In this paper, women in traditional families in Chinese society as a typical vulnerable female group as the entry point, the marriage and family compilation of the Civil Code, found that the protection of women's rights and interests in divorce disputes in the absence of relevant legal system and follow-up protection mechanism is not perfect issues have not been paid attention to. From this, we can see that the legislation without a perspective, for the protection of the rights and interests of vulnerable groups, there are some problems such as unreasonable division of common property between husband and wife, imperfect divorce relief system and difficulty in payment of alimony, which are caused by vague legislation and insufficient attention to supervision and protection work. In line with the intention of paying attention to and protecting female groups, this paper analyzes the existing defects of legislation and judicatory from the plight of most women in divorce disputes, and tries to improve the protection of divorce rights and interests of marriage by taking extraterritorial laws as the window, so as to practice the principle of equality in the substantive sense.

Keywords

Divorced Women; Protection of Rights and Interests; Divorce Disputes; Equality Principle

References

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