农村离婚妇女权益保障研究

Research on the Protection of the Rights and Interests of Rural Divorced Women

摘要: 本文聚焦于农村离婚妇女权益受损现象，探讨《民法典》所确立的离婚救济制度：包括离婚财产分割、家务劳动补偿、离婚经济帮助及离婚损害赔偿等制度，在保障农村离婚妇女权益时面临的实践困境。受传统社会结构与乡土习俗影响，相关制度在部分农村地区的司法适用中仍存在保障不足与潜在歧视问题，且针对实践中的新挑战，现行法律及司法解释尚存模糊地带与指导缺位。基于对相关权益受损现状的分析：如离婚后土地权益难获保障、就业市场性别歧视、离婚后仍受暴力侵害等，本文旨在剖析现有救济制度在司法实践中的适用障碍及其对农村妇女权益保障的局限性，进而从学理与实践维度提出完善建议，以期促进《民法典》相关制度在农村的有效实施，健全农村妇女权益保障机制，对深化妇女权益保障的理论探讨与推动相关法律实践具有积极意义。

Abstract: This article focuses on the damage to the rights and interests of rural divorced women, and discusses the divorce relief system established by the Civil Code: including divorce property division, housework compensation, divorce economic assistance and divorce damage compensation, and the practical difficulties faced in protecting the rights and interests of rural divorced women. Affected by the traditional social structure and local customs, there are still problems of insufficient protection and potential discrimination in the judicial application of relevant systems in some rural areas, and in response to the new challenges in practice, the current laws and judicial interpretations are still vague and guidance gaps. Based on the analysis of the current situation of the damage to relevant rights and interests: such as the difficulty of guaranteeing land rights and interests after divorce, gender discrimination in the employment market, and violence after divorce, etc., this article aims to analyze the applicable obstacles of the existing relief system in judicial practice and its limitations on the protection of the rights and interests of rural women, and then put forward from the level of doctrine and practice. Good suggestions, in order to promote the effective implementation of the relevant systems of the Civil Code in rural areas and improve the mechanism for protecting the rights and interests of rural women, is of positive significance to deepening the theoretical discussion on the protection of women’s rights and interests and promoting the practice of relevant laws. This approach not only enhances the legal awareness among rural women but also ensures their equitable access to justice, thereby fostering a more inclusive and fair rural society.