Abstract：The equal protection of the property rights of the husband and the wife is a main principle in marriage law. According to the principle of property rights, the judicial interpretations of the Marriage Law distinguish the property shared by the husband and the wife from personal property rights, giving equal division and protection to the former, in order to guide the resolution of emerging issues in the application of the Law. However, from a gender perspective, this paper argues that the above judicial interpretations, which appear to hold a gender-neutral standing, have actually overlooked women's disadvantaged position in the family and society, one that has prevented women from protecting their property rights effectively. Therefore, the judges should not rule simply based on the above judicial interpretations. They should observe the relative principles and regulations of the Marriage Law, and uphold justice and equity to provide the needed protection to women in actual judicial deliveries.
彭艳崇. 论夫妻财产权的平等保护——对婚姻法司法解释的社会性别分析[J]. 妇女研究论丛, 2013, 0(3): 34-40.
PENG Yan-chong. Equal Protection of the Property Rights of the Husband and the Wife: Gender Analysis of the Judicial Interpretations of the Marriage Law of China. , 2013, 0(3): 34-40.
2013, Vol. 0 
