| China’s current "marriage law" since1980since the enactment, in the situation ofreform and opening up, the continuous development of the national politics andeconomy and the improvement of people’s living standard, the actual situation ofsocial economic, political, cultural and civic concept, compared with the past hasundergone tremendous changes. Emancipating our country gradually opening, theopening of the market, the innovation of the system reform, the rapid economicdevelopment, cultural development, thought, more important is the citizen’s legalconsciousness strengthens day by day, the new social reality of a strong impact onpeople’s ideas and life style, but also profoundly affects our marriage and familyrelations. Therefore, the marriage and family relations in the new historical period, itwill appear new situations and new problems of various types of the past not too, thelegal provisions of the original has been unable to fully meet the needs of solving newproblems appeared in judicial practice. So in order to correctly judge the relationshipof marriage and family disputes in the case, you need to constantly improve thecurrent "marriage law" in the relevant provisions of the law. Therefore, the Supreme People’s court according to the new situation and new problems emerging,respectively, in2001three,2003and2011, the timely introduction of the realistic lifereality "marriage law" judicial interpretation (a),(two),(three), as a complement tothe current "marriage law" perfect, thus providing a unified operation regulations forhandling this kind of problems the court, make up some loopholes in the law, as far aspossible, provide the necessary legal basis to reduce the phenomenon of differentcodefendant. And one of them very attract sb.’s attention situation, introduced thelegal provisions of the house ownership never explicitly relates to the past "marriagelaw" in the aspects of. This is because of the national policy of reform and opening up,the development of the change of market economy, the Chinese city housing markethot, propelled by various factors, property prices continued to rise, which startedrelatively stable prices rapidly towards the high house prices. Therefore, the currentvalue of the house has been occupied the quite great proportion in the vast majority ofhusband and wife of the family property, and even family property many couples.Housing as an asset, but also has the property of commodity, its ownership willinevitably involve the vital interests of each person. Therefore, in the high divorce ratein real social life,"marriage law" the three judicial interpretations in terms of legalinterpretation as the housing, housing management authority on marriage and familyin the most authoritative, certain special concern, cause wide attention and Discussionon the community stakeholders. In this paper, combined with the actual situation ofour society and judicial practice, the "marriage law" the three judicial interpretationsin terms of housing, for a certain degree of research and further thinking. Based on thereview on the marital property issues of Chinese ancient marriage legal system,detailed analysis of the1980"marriage law" three judicial interpretations of housingprovisions introduced the social background and spiritual principle in the judicialpractice, reflect the background and its specific content, has carried on the preliminaryinterpretation. And the "judicial interpretation"(three) and part of the housingconditions, combined with the social reality, discusses the extension, and puts forwardsome specific analysis and recommendations. I hope this can be beneficial to theinterpretation of the "marriage law" three judicial interpretation of the understanding and promotion, to resolve disputes and contradictions of marriage and family disputesand contradictions, is the housing problem especially, promote social harmony andstability, can play some small role; some analysis and recommendations, to China’s"marriage law" in the future change again, as a small reference. |
PDF Full Text Request