Research Of Judicial Interpretation Ⅲ Of Marriage Law

the supreme people’s court about applicable <marriage law of thePeople’s Republic of China>(3)\"the explanation of some issues through to solicitcomments from the whole society and the supreme people’s court by the discussionof the judicial committee, announced in August13,2011. Every time with the\"marriage law\" and the promulgation of the\"marriage law\" judicial interpretation,the\"<> the marriage law judicial interpretation (3)\" promulgated, caused the socialfrom all walks of life widespread debate, in the <> the marriage law judicialinterpretation (3) implemented in the docking with the property law, established therules of presumption of paternity and his wife’s birth control, shows the progress ofthe law. But there also exist of creditor’s rights real right not really straighten outrelationship, marriage registration flaws and some provisions are too general andprinciple, is not easy to operation, etc.\"><marriage law judicial interpretation (3)related to marital property operational rules, there are omissions: out of China,contrary to the sense of marriage ethics, sex character, deviate from the rules of theconstitutional protection for the rights of women and spirit, resistance of themarriage law about husbands and wives property law, no equity be admissibleproperty and spouses of other rights, not conducive to the stability of marriage andfamily and personal property protection.In the marriage law judicial interpretation (3), the rules and spirit of scholarshold the positive view, scholars also many negative negative views. Positive reviewsabout the views of scholars believe that\"><marriage law judicial interpretation(3)\", especially about the property of these provisions, makes the family propertytogether to weaken, personal property has been, and benefiting the investors shall beconform to the market economy rule, match the modern market economy idea;\"><marriage law judicial interpretation (3)\" to obtain, the regulation of the propertyrights of real right in some point of view in line with the\"contract law\" and\"property law\", the relevant provisions of the regulations on real estate donationembodies the principle of autonomy of civil law; A loan to buy a house and themarriage of husband and wife joint property of payments in accordance with thecontract relativity principle of the property right registration of compensation scopecovers both parties after marriage together for the loan amount and thecorresponding real estate property appreciation part, there is no unfair problem, andso on. The author thinks that\"><marriage law judicial interpretation (3) the\"regulations on property, there is positive value.But with the reason, the legal conflict is obvious, the author thought that thecivil society relations in particular have been influenced by traditional ethical factorsin the field of marriage and family life with judicial intervention and law (law) andregulations should not deviate from the unreasonable, ethical, or legal social acceptance rate will sell at a discount greatly, judicial actual effect will be produced,and will gradually loss reduction of judicial authority; Justice theory from its ownnature shall not be contrary to law, and shall not conflict with the legal principle ofviolation of legal principle of judicial activities must be unconstitutional, and willdestroy the constitutional foundation of country under the rule of law.