On The Judicial Application Of The Code Of Marital Property In The Judicial Interpretation Of Marriage Law

In recent years, great changes have taken place in the economic and social in China, and some new diversified ideas have appeared on the field of marriage and family. For these reasons, China has a gradually rising divorce rate and comparatively protruding problems of property and family disputes. There has a increase of the pressure and complexity in social contradictions, a growing judicial difficulty and pressure, and the judicial resources are spent excessively. The third interpretation of Marriage Law came into force in this environment. It can meet the growing demand of the development of marriage, and can provide explicit legal basis when judge accepts divorce cases, especially in the matter of division of community property. As the third interpretation of Marriage Law turns out, community property becomes more and more perfect and specific. Based on three classic cases, this paper combines with pertinent literature, does a lot of research, carries out case study and comparative study. Through a different perspective, the paper studies the effect of the third interpretation of Marriage Law to the community property. Through the investigation and analysis, summary and argument, on the basis of document research and empirical study, I can draw a conclusion that the enactment of the third interpretation of Marriage Law is conducive to solve property dispute, shrink the range of interpretation, ensure the accuracy of judicial application, avoid of inaccurate judgment, greatly improve the efficiency of the conclusion of the trial so that a large number of cases can withdraw at the stage of conciliation and many cases can avoid of judicial process only need to do universal law education, and the enforcement of third interpretation of Marriage Law can achieve good social effect. The paper is fully demonstrated the relevance and reasonableness of the third interpretation of Marriage Law.The paper proposes four prudent suggestions about the third interpretation of Marriage Law, include subsequent safeguard measure after the property ownership came, increasingly the discretionary power that judges owned, and more wholesome contractual regime as to marital property, building the marital property compensation system.