在国际人权框架下审视中国离婚财产分割方法

妇女的财产权利是妇女人权的重要组成部分,是妇女行使其他权利的基础。目前中国法律规定的离婚财产均等分割方法,并未充分考虑在经济转型期间妇女所面临的经济地位的劣势和离婚妇女在传统文化和习俗中所遭遇的特有困难。同时,对妇女所从事的家务劳动对家庭发展、对包括丈夫在内的家庭成员的发展所做出的贡献和由此给妇女自身发展所造成的制约作用,也未得到应有的评估和重视国际人权法制定了国际社会认可的标准和保障机制,成为各国审视国内法、挑战妇女面临的不平等财产权的有力工具。在此基础上,为达到保护弱势一方利益,法律须以公平分割原则取代均等分割原则。

Women's right to property constitutes an important part of women's human rights and the very basis for exercising all other rights. An equal division of property in divorce is specified by the current Chinese laws and factors such as economically disadvantaged position of women during the economic transitional period and specific difficulties faced by divorced women in traditional culture and practice have not been given sufficient consideration. Additionally, the contribution to the development of the family and family members, including husband, made by women through their housework has basically been neglected. The international human rights law establishing standards and protective mechanisms accepted by the international community can be used as a powerful tool to examine domestic laws and challenge inequality women experienced in reality. On the basis of international standard, the principle of equitable division of property in divorce should be introduced, so to fully guarantee the rights and interests of vulnerable groups.