婚姻关系中的女性财产权益保护——以婚前按揭购房为例
Protection of Women’s Property Rights in Marriage—Taking the Premarital Mortgage Purchase as an Example

夫妻财产制自婚姻法实行以来历经70余年的发展与变迁，一直体现着男女平等的立法原则，《民法典》婚姻家庭编的出台也进一步维护了婚姻关系中男女双方的财产权利平等。但中国历来的婚嫁习俗基本都是由男方购置婚房娶妻，女方嫁入随丈夫共住，因此一旦婚姻发生变故，女性在婚姻中的财产权益通常很难得到有效保护，在审判中存在诸如此类现象往往是形式上的平等掩盖了实质上的不平等。为此，有必要加大立法和司法保护力度，加强婚姻家庭法宣传教育，培养女性独立精神，完善夫妻财产制。本文将以婚前按揭购房为例，对婚姻关系中的女性财产权益的保护现状、受损情况和保护对策等方面进行探析。
After more than 70 years of development and changes since the implementation of Marriage Law, the matrimonial property regime has always reflected the legislative principle of equality between men and women, and the introduction of the Marriage and Family Section of The Civil Code has further safeguarded the equal property rights of both men and women in the marriage relationship. However, the traditional marriage custom in China is basically that the man buys the wedding house and marries the wife, and the woman lives with her husband after she marries. Therefore, once their marriage changes, women’s property rights in the marriage are usually difficult to be effectively protected, and the existence of such phenomena in the trial is often the formal equality covers up the substantive inequality. Therefore, it is necessary to strengthen legislative and judicial protection, strengthen publicity and education on the marriage and family law, to cultivate women’s spirit of independence and improve the matrimonial property regime. This paper will take premarital mortgage housing purchase as an example to analyze the protection status, damage and protection countermeasures of women’s property rights in marriage relationship.