There Legal Regulation Extramarital Lover Gift Property Of A Spouse

In recent years, with the development of economic globalization and the deepening of reform and opening up, China’s economy has achieved a rapid development. China’s comprehensive national strength is increasing, people’s living standard enhances unceasingly. Under the circumstance of the continuous development of society, by the influence of foreign culture, our country’s marriage idea hit and changed. Due to the influence of various factors, gift to the spouse having an affair, financial disputes recently become the increasingly common social phenomenon,"extramarital affairs" has become a hot spot of society. The marriage system in our country has brought serious impact, which is unfavorable to the stability of marriage and family in our country, and also is not conducive to social stability. In practice, due to loopholes in legal regulation on such issues, in most cases, judges will use civil law basic principles. It is one-sided, also is not conducive to fair and equitable. And in the theoretical circle and the society, there is a big controversy, everyone’s view is different. Therefore, the Supreme Court in marriage law to explain three made relevant provisions to article2of the draft. But because of gift to the spouse having an affair of the complexity of the human, financial, and the stipulation is not perfect. In order to protect the legitimate rights and interests of citizens, maintain the stability of marriage and family relations, maintain social stability, to formulate relevant legislation regulating as soon as possible and determine the unified standard appear particularly important.This article obtains from the case study, using comparative analysis, theoretical analysis and empirical analysis method. Based on the summary of the foreign legislation, drawing lessons from advanced foreign legislative regulation, combining the present situation of our country’s legislation and judicial practice, the paper consummates our country of gift to the spouse has an affair the necessity and feasibility of human, financial and legislative regulation. According to the actual situation in our country, proposes to our country of gift to the spouse has an affair regulation of human, financial and legal advice.This paper, in addition to the preface and epilogue, is divided into three parts.The first part, expounding the overview of gift to the spouse has an affair the disputes of human. Disputes of gift to the spouse having lovers outside property situation, and carries on the definition. At the same time, lists of gift to the spouse having an affair and type of human, financial and way. Then analyzing its reason and nature, and finally to the person who has a spouse affair and legitimacy of human, financial analysis, finally put forward their views. The second part, our country current law of gift to the spouse has an affair the behavior of human, financial and legal regulation. First, thesis has analyzed our country current law regulation on this question. Second, I point out the existing imperfections of the legal regulation on such problem. I enumerate the continental law system and Anglo-American law system countries regulation on such issue, combining with the actual situation in our country, drawing lessons from the legal regulating of the two big law system countries.The third part, the author consummates our country of gift to the spouse having an affair the behavior of human, financial and regulation are proposed. From the legislative, judicial and other aspects, I put forward different Suggestions of rules and regulations, perfecting the legislation of our country, for our country of gift to the spouse having an affair render as a human, financial and the settlement of the dispute.