Research on the Predicament and Countermeasures of Judicial Protection of Rights and Interests ...

Research on the Predicament and Countermeasures of Judicial Protection of Rights and Interests of Women and Children

Xin Qi

Law School of Jingdezhen Ceramic University, Jingdezhen Jiangxi

Abstract: Along with our country economy and the living standard unceasing enhancement, China has made special legislation on prevention and control of family violence the first time. Although the status of women has improved compared to the past, the rising divorce rate shows that the present situation of women’s, children’s legitimate rights and interests protection is still not optimistic. There are still numerous violations of the legitimate rights and interests of women and children. Based on the analysis of the status quo of the judicial protection of women and children’s rights and interests in China, this paper discusses how to improve the effective protection and relief of women’s and children’s legitimate rights and interests in terms of person and property, and improve the legal system which related to the protection of women and children’s rights and interests in the development of judicial practice, to improve legislation, justice, in line with good customs, in the whole society to build a good environment for the effective realization of legitimate rights and interests of women and children.

Keywords: Domestic Violence, Protection of Rights and Interests of Women and Children, Divorce Relief System

妇女儿童权益保护困境及对策研究

漆鑫

景德镇陶瓷大学法学系，江西 景德镇

摘要: 随着国家经济和生活水平的不断提高，我国首次针对防治家庭暴力进行专门立法，妇女的地位与过去相比虽也有所提高，但攀升的离婚率表明目前妇女、儿童合法权益保护的形势仍不容乐观，侵害妇女、儿童合法权益的事实依旧大量存在。基于对我国妇女儿童权益保护现状的分析，探讨如何完善对妇女儿童人身、财产等合法权益的有效保护措施和救济途径，在司法实践发展过程中完善妇女儿童权益保护有关的法律制度与法律体系。做到立法完善、审判公正，符合善良风俗，在全社会范围内构建妇女儿童合法权益有效实现的良好环境。

关键词: 家庭暴力；妇女儿童权益保护；离婚救济制度