保护妇女权益理念在司法实务中的运用

The Application of the Concept of Protecting Women's Rights and Interests in Judicial Practice

保护妇女权益理念在家事审判领域正逐渐成为法官说理裁判的重要依据。在离婚诉讼中,双方当事人主要围绕着子女抚养权以及财产权分割主张举证,考虑到妇女在个案中的弱势地位、经济状况,法官往往会根据“照顾女方”的原则进行裁判。通过总结四川省146份关于“照顾女方”的民事判决,对法官在抚养权和财产权方面照顾女方的裁判思路进行总结提炼,提出了在婚姻家事领域保障妇女权益的见解和思考。

The concept of protecting women's rights and interests is gradually becoming an important basis for judges to reason in the field of family trials.In the divorce proceedings,both parties mainly revolve around the custody of children and the division of property rights to provide evidence.Taking into account the disadvantaged position and economic situation of women in the case,judges often make judgments based on the principle of"taking care of the woman."By summarizing the 146 civil judgments on“caring for women”in Sichuan Province,the judges’judgment thinking of taking care of women in terms of custody and property rights was summarized and refined,and the opinions and thoughts on protecting women’s rights in the field of marriage and family affairs were put forward.