婚姻本质上是一种包含身份关系和财产关系的长期性契约。由于信息不对称等原因,婚姻也表现出不完备性。低效率运行的婚姻救济制度无法避免离婚现象,离婚破裂主义的确立使问题恶化。妇女从婚姻获得收益的时间较晚,再婚也比较困难,当婚姻契约被破坏时其权益受到的损害更大,加强离婚时妇女权益的保护十分必要。 Marriage is essentially a long-term contract that includes the relationship between status and property. Due to information asymmetry and other reasons, marriage also showed incompleteness. The low efficiency of marriage relief system can not avoid the phenomenon of divorce, the establishment of divorce and rupture worsened the problem. Women receive more time from marriage and remarriage is more difficult. When marriage contract is damaged, their rights and interests are harmed more. It is necessary to strengthen the protection of women’s rights and interests during divorce.