La tutela della donna nella Legge sul matrimonio

In the Marriage Law of the People's Republic of China, particular attention has been given to the implementation of women rights. Indeed, in the new law, revised in 2001, the position and rights of women, in different fields of family matters, has been enhanced. For instance, new articles concerning domestic violence (jiating baoli) and the right to compensation (sunhai peichang) for the spouse not responsible for the breaking down of the affection (ganging polie), to name but a few, have been introduced. Moreover, new detailed provisions regarding Property division have been enacted. Nevertheless in the last three decades the growth of wealth and the social transformations have led to an increase in extra-marital affairs (e.g. the phenomenon of bao ernai ) as well as more intricate disputes between spouses about marital assets in divorce proceedings. In this context, especially in the inforcement of the law in courts, the women rights and interests should be safeguard in order to avoid gender inequality between wife and husband.