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“问题婚姻”背后妇女权益保护待重视

发布于:2019-03-09 16:46

田X和葛X,一对自大学就开始恋爱的90后情侣,郎才女貌让周围人羡慕不已。他们今年一毕业就领了结婚证,可是接下来发生的一件事,让小两口彻底闹崩。
 
Tian X and Ge X, a couple of post-90s couples who have fallen in love since college, are admired by the people around them. They got their marriage license as soon as they graduated this year, but the next thing that happened was that the couple completely collapsed.
 
 
 
临近婚礼,女方找到律师要求与葛X离婚,原因是她不喜欢婆婆挑选的窗帘款式和颜色。如此离婚理由让接待他们的新疆维吾尔自治区律师和鹭意识到,开展婚姻领域法治宣传迫在眉睫。
 
Near the wedding, the woman found a lawyer to ask for divorce from Ge X, because she did not like the curtain style and color chosen by her mother-in-law. Such divorce reasons make lawyers and Herons in Xinjiang Uygur Autonomous Region who receive them realize that it is urgent to carry out legal propaganda in the field of marriage.
 
 
 
媒体从近日召开的新疆维吾尔自治区妇联维护妇女权益协会座谈会中了解到,根据近两年的调研,因为家庭暴力、财产分割、儿童抚育、婆媳关系等原因,高离婚率在新疆家庭婚姻领域呈现突出特点。如何处理婚姻家庭关系以及保护“问题婚姻”中妇女儿童的权益,值得关注。
 
According to the recent symposium held by the Women's Federation of Xinjiang Uygur Autonomous Region on the protection of women's rights and interests, the media learned that the high divorce rate shows prominent characteristics in the field of family and marriage in Xinjiang due to family violence, property division, child rearing, mother-in-law and daughter-in-law relations and other reasons. How to deal with marriage and family relations and protect the rights and interests of women and children in "problematic marriage" deserve our attention.
 
 
 
女性提出离婚为“保家”
 
Women propose divorce as a "housekeeping"
 
 
 
在新疆,家庭暴力导致的离婚不在少数。和鹭说,在其代理的婚姻家庭类型的案件中,20%至30%的离婚案件缘于家庭暴力,剩下的案件多因婆媳关系不和、生活琐事矛盾。在大多数离婚案中,夫妻关系都处于一种可调和的状态,如果事先采取预防措施,应对高离婚率将不是问题。
 
In Xinjiang, divorces caused by domestic violence are not rare. Helu said that 20% to 30% of divorce cases were due to domestic violence, while the remaining cases were mainly due to discord between mother-in-law and daughter-in-law and contradictions in daily life. In most divorce cases, the relationship between husband and wife is in a state of reconciliation. If preventive measures are taken beforehand, it will not be a problem to deal with the high divorce rate.
 
 
 
“两个月前,一位精神几近崩溃的女性来到我的办公室,还没说话,就开始掉眼泪。仔细一看,这位女性正是我之前接待过的一位想要离婚的当事人路某。”和鹭回忆说。
 
"Two months ago, a woman with a near-collapsed spirit came to my office and began to shed tears before she spoke. Look carefully, this woman is the one I've received before who wants a divorce. And Heron recalled.
 
 
 
“婆婆看不惯我带孩子、做家务,我和同事聚会,她也疑神疑鬼……”与第一次一样,路某提出离婚的缘由并不是感情问题,而是婆媳关系。在和鹭的耐心开导下,路某由原来的抱怨变成回忆婚姻生活中的美好,临近开庭前三天,夫妻一同提出撤诉。
 
"My mother-in-law can't stand taking care of my children and doing housework. When I get together with my colleagues, she's suspicious..." Like the first time, Lu Mou proposed divorce not because of emotional problems, but because of the relationship between mother-in-law and daughter-in-law. With the patience of Heron, Lu Mou changed from complaining to recalling the beauty of marriage life. Near three days before the court session, the couple filed a withdrawal of the lawsuit together.
 
 
 
2015年全国“两会”律师委员、新疆律师潘晓燕提出,妇联作为妇女、儿童两类人群的最大群团组织,应对高离婚率必须从源头抓起。要设立妇女权益的专业保护研究机构和服务中心,有针对性地加强妇女权益保护工作。
 
In 2015, Pan Xiaoyan, a lawyer member of the National "Two Sessions" and a lawyer from Xinjiang, proposed that women's federation, as the largest group organization of women and children, should start from the source to cope with the high divorce rate. It is necessary to establish professional research institutions and service centers for the protection of women's rights and interests, and to strengthen the protection of women's rights and interests in a targeted manner.
 
 
 
为给妇女提供相应政策及法律服务,2007 年,新疆各地州(市)妇联在自治区妇联的统筹下,设立反家暴庇护所,给有这方面需求的妇女提供临时救济场所,但实际操作起来,却困难重重,运行至今寻求帮助的妇女不超过10名。“我们设立的初衷是希望能保护妇女权益,保住一个完整的家,而她们认为来到这里只能给家庭带来危害,另一半反而会变本加厉,我们还在寻求更好的解决方式。”新疆维吾尔自治区妇联主席哈斯也提·艾力说。
 
In order to provide women with corresponding policies and legal services, in 2007, the women's federations of all prefectures (cities) in Xinjiang set up anti-domestic violence shelters under the co-ordination of women's federations in autonomous regions to provide temporary relief places for women in need of this aspect. However, in practice, it is difficult to operate, and up to now no more than 10 women have sought help. "Our original intention is to protect women's rights and interests and to maintain a complete family. They think that coming here will only bring harm to the family, but the other half will become worse. We are still looking for better solutions." Hasyeti Aili, chairman of the Women's Federation of Xinjiang Uygur Autonomous Region, said.
 
 
 
新疆维吾尔自治区民政厅相关负责人也提到,大多数要求离婚的女性在提出离婚的那一刻,可能都处于情绪较激动状态,她们真正的目的并不是让原本完整的家庭变得支离破碎,而是为了“保家”,离婚只是不得已的手段。
 
Relevant officials of the Civil Affairs Department of Xinjiang Uygur Autonomous Region also mentioned that most of the women who asked for divorce may be in a state of emotional excitement at the moment of filing for divorce. Their real purpose is not to make the original complete family fragmented, but to "protect the family", and divorce is only a means of last resort.
 
 
 
为此,新疆已有近30个国家3A级婚姻登记机关设立婚姻家庭辅导室,免费为有需求的当事人提供法律咨询、婚前教育、情感辅导等服务,目的就是从情感上真切关心婚姻当事人,以减少非理性离婚现象的发生,促进婚姻家庭和谐。
 
For this reason, nearly 30 national 3A-level marriage registration authorities in Xinjiang have set up marriage and family counseling rooms to provide free legal counseling, pre-marital education, emotional counseling and other services for the parties in need. The purpose is to genuinely care about the parties in marriage from the emotional point of view, so as to reduce the occurrence of irrational divorce and promote the harmony of marriage and family.
 
 
 
各方协同提供维权服务
 
Collaborative Provision of Rights Defense Services
 
 
 
为提升妇女维权工作的质量,新疆妇联在2007年5月正式成立自治区维护妇女权益协会,解决妇女儿童最关心最直接最现实的利益问题。
 
In order to improve the quality of women's rights protection, the Xinjiang Women's Federation formally established the Association for the Protection of Women's Rights and Interests in the Autonomous Region in May 2007 to solve the most immediate and realistic interests of women and children.
 
 
 
自2013年,维权协会先后与新疆妇联、新疆师范大学联合开展“妇女与法”主题征文活动;而后来自公检法司等各部门协会成员积极参加自治区妇联开展的以“建设法治新疆·巾帼在行动”“反暴力、讲法治、讲秩序”等为主题的巡回宣讲活动,法官、高校法学专家和资深律师等协会会员结合实际案例,以案说法。
 
Since 2013, the Association for the Defense of Human Rights has jointly carried out "Women and Law" thematic essay solicitation activities with the Xinjiang Women's Federation and Xinjiang Normal University. Later, members of associations from various departments such as the Department of Public Prosecution and Law have actively participated in the itinerant lecture activities of the Women's Federation of the Autonomous Region on the theme of "building Xinjiang under the rule of law in action", "anti-violence, speaking about the rule of law, speaking about order", etc. Senior lawyers and other members of associations combined with practical cases to explain the case.
 
 
 
乌鲁木齐市中级人民法院少年庭庭长杨春提到,法院成立的少年庭其实就是所谓的“家事审判庭”,名为审理未成年人的刑事和民事案件,其实对于婚姻家庭、遗产继承等民事赔偿都有涉及。
 
Yang Chun, president of the Juvenile Court of Urumqi Intermediate People's Court, mentioned that the Juvenile Court established by the Court is actually the so-called "Family Trial Court", which is called the trial of juvenile criminal and civil cases. In fact, civil compensation for marriage, family, inheritance and so on are involved.
 
 
 
在“综合治理婚姻领域违法行为”的专项宣讲活动中,协会成员将“综合治理婚姻领域违法行为”作为法治宣传的主题,2014年在喀什、和田、克州、巴州共举办33场宣讲,切实提高各族妇女干部群众明辨是非、抵御宗教极端思想渗透的能力。
 
In the special promotional activities of "Comprehensive Governance of Illegal Acts in the Field of Marriage", members of the association took "Comprehensive Governance of Illegal Acts in the Field of Marriage" as the theme of propaganda of the rule of law. In 2014, 33 promotions were held in Kashgar, Hetian, Kezhou and Bazhou to effectively improve the ability of women cadres and masses of all ethnic groups to distinguish right from wrong and resist the infiltration of religious extremist ideas.
 
 
 
在每年“三八”维权周期间、每周二下午,专家律师在新疆维吾尔自治区妇联信访接待室值班,义务为上访妇女提供法律服务和帮助。2013年以来,信访接待室律师值班189人次,接待信访人员360人次。
 
During the "March 8th" Human Rights Defense Week and every Tuesday afternoon, expert lawyers are on duty in the reception room of the Women's Federation of Xinjiang Uygur Autonomous Region. They are obliged to provide legal services and assistance to petitioners. Since 2013, there have been 189 lawyers on duty and 360 visitors in the reception room.

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