Comments On China’s Marriage Law And Its Interpretation Ⅲ

This paper focuses on different social and legal problems brought about by the latest judicial Interpretation (III) made by the Supreme People’s Court to the Chinese Marriage Law. It discusses the main problems of property division during divorce proceedings now that Interpretation III is effective since August2011. Interpretation III, which has a total of19clauses was enacted for several reasons which will be discussed in this paper including the booming property prices, rising divorce rates and diminishing social and moral values among the younger generation today towards marriages. The opinions from doubters and supporters to Interpretation III have also been acknowledged and analyzed on their merits. Additionally, the paper also compares the principles of Interpretation III with the latest amendment made to the Chinese Marriage Law of2001and brings to light the shortcomings of Interpretation III, both from a legal aspect as well as a social aspect. The paper concludes with an opinion of Interpretation III based on a western perspective and addresses what the Chinese legislators should consider for China to move forward.This paper is consisted of five chapters. Chapter I is an introduction about Chinese values towards marriage in general, including traditional norms of a Chinese household. This section will be important for the audience to understand the impact that Interpretation III will bring to society.Chapter II is an introduction of the Chinese Marriage Law from the first law passed in1950to present day. The law of1950,1980and2001will be discussed in detail with a background to each law and its impact, followed by their shortcomings.Chapter III is focusing on Interpretation III itself. An introduction to what a judicial Interpretation is in China, followed by their legal significance will be analyzed. The main provisions of Interpretation III will be examined in detail and both negative and positives aspects of Interpretation III will be identified.Chapter IV is the primary part of the paper as it examines the impact that Interpretation III will have on China if it is not amended. Solutions are presented on how to rectify those problems.Finally, Chapter V is the conclusion. Since the author is a Canadian Born Chinese currently studying law in China, this paper presents a western viewpoint of Interpretation III, concluding with an opinion and touching in on why Interpretation III should be amended.