An analysis of the predicament of judicial practice and the protection of personality rights of women suffering domestic violence in China from the perspective of women’s rights

ENG- The role of women in marriage and the family is significant, also as China's feudal society developed, traditional marriage and family customs changed. After reaching its highest point in the matrilineal clan culture of antiquity, the standing of women in the family gradually decreased until it eventually reached its lowest point in the Confucian-influenced feudal society. This thesis begins by examining the reasons for women's traditional marriages, and the dissolution of traditional marriages in the Tang, Song, and Ming dynasties as a starting point. It then delves into feminist perspectives and traditional Chinese family culture in the judicial practice of domestic violence and divorce cases, where women's experiences, as the most prevalent domestic violence victims, were facing the status quo of questioning from feminist perspectives. It is almost impossible to explain the essence of domestic violence and provide corresponding theoretical support for the protection of victims from violence and the realization of women's human rights in traditional sociological and legal studies, which are based on the gender-blindnessof theory. Feminist analyses can offer a distinct theoretical and methodological viewpoint based on theoretical and practical demands, identifying the legal challenges victims confront, delving into the root causes of these issues, and offering solutions and improvements. China's current legislative framework, including MLC, CCC, and ADVLC, addresses the issue of domestic violence. These legal documents aim to protect victims within marital relationships by offering judicial remedies, preventing, and suppressing domestic violence, and emphasizing the importance of ensuring the freedom to divorce. However, in judicial practice, female victims often face the problem that judicial decisions and women's understanding of their own experience are like two parallel lines that do not intersect, and for victims who are not at fault in a marriage, they are often unable to obtain physical security and economic relief through divorce proceedings for a variety of reasons in practice. Chinese society has therefore advanced stronger demands for the realization of judicial justice in such instances considering the multiple legal challenges faced by victims in domestic violence divorce proceedings as well as the intricate structural factors behind them. The current safeguards for victims need to be backed up not only by strong laws through protection and prevention, but also by putting these laws into practice