| In2012,courts across the country accepted the first trial1686694cases of new marriage and family disputes, rising5.83%over levels of a year ago. Including1518535cases of marriage and family disputes, rising3.17%over levels of a year ago. These cases account for about90.03%of all marriage and family disputes. Courts received the first trial1251234cases of new divorce cases, rising3.71%over levels of a year ago. These cases account for about17.10%of all the first trial civil or commercial cases. There are family financial situations following divorce registration, rising19.98%over levels of a year ago.1The civil affairs departments said, they registered for marriage about148,000pairs in Shanghai in2013,including61,000pairs divorce agreement, rose by40%from a year earlier.2Cases of relatively concentrated reflects such as a loan to buy a house before marriage, donative house property of controversial issues, need to further clarify the law applicable standards. In this context, on August9,2011, the supreme people’s court released on the applicable<marriage law of the People’s Republic of China>(3)"the explanation of some issues, effective as of August13,2011, a total of19of the law, the content of the marital property system involved a total of12, thus, marital property system has already become the key of the marriage law regulation. The explanation is introduced and huge controversy and discussion from the whole society, especially about marital property problem of the new rule. The new rules for divorce property disputes brought a clear legal basis, to improve the work efficiency in the judicial practice. At the same time, we can see that it also gives of marital property system in China has brought some new changes and become a hot social problem. "Marriage explanation (three)" the first clear spouse fruits and natural value of personal property not common property after marriage produced a clear contribution to child marriage a parent to purchase real estate and property rights registered in the name of their children should be recognized as one of the spouses personal property, one of the first clear case of divorce marriage loans to buy real estate property registration shall be vested in all parties. You can say that some new situations and new problems "Marriage explanation (three)," The introduction of recent years appeared, some of them very controversial,"co different sentence" provides a legal basis for the phenomenon, the unification of the law applicable to the protection the legitimate interests of the parties. In this paper, it is to this explanation (three) to marriage law as the research path, analyzes its these changes brought about by the research, put forward their own views and Suggestions, hoping to attract the attention of more scholars’ attention, for the perfection of the marital property system in marriage law to make my contribution.This paper is divided into four parts. The first part introduces about the property system of marriage law of our country form and the legislative principle of our country. The system of marriage law about the overall impression, from the whole history of marriage law of marriage law of development, leads to "judicial interpretation of the marriage law (three)" content. The second part focuses on the judicial interpretation of the marriage law "(three)" the relevant provisions in respect of the provisions of property system, focuses on the analysis of "marriage law judicial interpretation (three)" the legal basis in the property provisions of the system and related concepts. The third part "marriage law interpretation (three)" the related laws of the foreign legislation, for which you can reference and draw the essence and nutrition, enlightenment on China’s "marriage law". The fourth part from our "marriage law judicial interpretation (three)" the law of the proceeding, put forward some opinions and their improvements. |
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