Gender Inequality in the Divorce System: Taking Property Division as the Starting Point
DOI:
https://doi.org/10.62051/r5saxz12Keywords:
Gender equality; law; divorce system.Abstract
Both the legislature and the public gradually realized the significance of divorce autonomy, which is thought to be the progress of the law-based society and shows the increasing awareness of protecting women’s rights. With the change from fault-based divorce to “no-fault” divorce, certain plight had been solved, providing people with more remedy approaches to get rid of painful marital relationships. However, statistics show that related provisions have not functioned well in the judicial practice. Regulatory research figured out that there existed a confusion of related issues in the divorce proceedings, which caused a new mode of inequality with modern features in the court. Which domestic violence is the one that needs the most attention as it involves a threat to life security. Therefore, verdicts of divorces involving domestic violence should be decisive, avoiding potential threat by the assaulter, and issues related to the divorce should be separately considered.
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References
Dafna Lavi. The promise of (transformative) mediation: the transformative model in divorce cases involving violence. The Ohio State Journal on Dispute Resolution, 36(2020).
Alexa R. Schwartz. Too many chips in the table: a call for the bifurcation of money and custody in divorce. Hofstra Law Review Association, Spring, 49(2020).
MaShu, Revolution, law and women: on the principle of no-default divorce and the liberation of Chinese women in the 20th century,Journal of Shanghai University (Social Sciences Edition). 06(2019), pp. 55-64.
LiLixin, Independence and equality: Balanced orientation of women's development in marriage and family legislation, Shanghai Law Research Collection,9(2020).
Xin He, The judge as a negotiator: Claims negotiating and inequalities in China’s judicial mediation, American Bar Foundation, November, 47(2022).
Rong T. Kohtz, Current state, Developments and trends of Chinese family law from recent cases reported by the Supreme People’s Court, Asian-Pacific Law & Policy Journal, 20(2019), pp. 30-85.
Xin He, When the cultural explanation is inadequate: The institutional constraints of Chinese Judges in divorce cases, the Michigan State University College of Law, 28(2020).
LuChunjuan, Legal thinking on the reasonable compensation of female’s domestic labor from the prospective of gender equality theory, Journal of Shaanxi University of Technology (Social Science Edition), 05(2023), pp. 1-11
Karin Carmit Yefet, Divorce as a substantive gender-equality right, University of Pennsylvania Journal of Constitutional Law, February, 22(2020).
Jennifer L. McCoy, Spousal support disorder: an overview of problems in current alimony law, Florida State University Law Review, 33(2005).
JiangRongmei, The legal guarantee of equal economic rights of both sexes in the system of compensation for housework, Journal of Ningde Normal University (Philosophy and Social Sciences Edition),01(2023), pp. 42-48.
ZhangQi, Judicial dilemma of battered women: A study on divorce cases involving domestic violence from the perspective of feminism, JiLin University, (2021).
DaiYi, The evidence rules for determining the circumstances of domestic violence in divorce proceedings -- taking the judgment made by the basic court of Xuzhou City as the investigation object, Legality Vision, 13(2020), pp. 195-196.
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