The Research And Improvement On The Real Estate Division In "Marriage Judicial Interpretation(c)"

Mao Zedong commented on the Marriage Law,“The Marriage Lawinfluences the interests of thousands of families, men and women, the elderlyand the young as well, which renders it a fundamental law only inferior to theConstitute in the legal system.” The regulations on property are crucial in theMarriage Law. The division of property, especially the division of real estate,is complicated, and poses a threat on finality and unity of justice，not onlyhas impact on The Law on Property Rights, but also challenges China’straditional marriage customs and ideas. The author emphasizes thecombination of the study of legislation and legal practice. Comparingindigenous practice to related provisions in the United Kingdom and theUnited States, the article addresses the renovations in the new judicial interpret, while at the same time pointes out its deficiency in articulating theprinciple of fairness. It investigates the practice of judicial interpret in thepast two years, and systematically examines the division of real estate indivorce lawsuits on the basis of concrete case studies. Furthermore, itproposes on the perfection of legal policy on the division of real estate.