| According to the data provided by the annual meeting of the marriage law, the number of marriage and family disputes in China in recent years has occupied the top three of court cases every year. This kind of disputes often focus on the division of marital property in a divorce. Judicial Interpretation(c) on Marriage Law was passed by the Supreme People’s court on July 4,2011 and was carried out on August 13, 2011.The latest marital property rules triggered social disputes.Some scholars demonstrate its rationality, or denounce its legislation is pure capitalism type from different angles. While some other scholars, remain relatively cool attitude from the view of public policy. No matter what differences exist between scholars, behind this kind of social hot issues, it actually reflects a huge tension between the specific provisions of current marital property system and folk traditional family values as well as property view in our country.This article is divided into the introduction, the main text and the conclusion. The main text has three parts discussed in detail.The first part analyzes key articles in Judicial Interpretation(c) on Marriage Law which are argued most by societies. These articles include Article 5, i.e. fruits and natural appreciation of personal property before marriage being regarded as his/her personal property; Article 6, i.e. rules of Contract Law applying to donative behavior of a couple; Article 7, the presumption rules of rights when parents paying for real estate for their children; and Article 10, i.e. the rules of property confirmation when an individual borrowing to buy houses before marriage but a couple paying loans after marriage. All four articles are analyzed in the theory and the practice. Analysis shows Judicial Interpretation (c) on Marriage Law did not reverse the marital property system and related legal principles in our Marriage Law, but focus on several common marital property disputes in trial practice. Since clarifying the previous unclear legal provisions, the rules use by referees will be unified, and judgments will be more efficient and convenient. The Supreme Court introduces rules of Property Law and Contract Law to Judicial Interpretation(c) on Marriage Law, trying to safeguard interests of capital contributors in marriages fairly.The second part is to investigate why marital property rules in Judicial Interpretat ion on Marriage Law would cause huge response in society.This part analyzes mainly from the historical tradition, differences between urban and rural areas, and protectio n for women’s rights. There is a big conflict between marital property rules in Judicial Interpretation(c) on Marriage Law and traditional property concept inherited for thou sands of years in our country. The reason lies in that the above rules attempt to solve p roperty disputes in cities with high housing price, but ignoring the vast rural areas in o ur country which still stick to their traditional modes. In addition, Judicial Interpretati on(c) on Marriage Law also ignores protections for women who are usually at weak p ositions in marriages.The third part discusses how to improve the marital property system in China. Fr om the legislative concept aspect, lawmakers need to fully consider about our culture factors and ethical requirements of the marriage and family system while absorbing th e advanced legal system in developed countries, and make people build faith for new r ules of marital property. From system constructions aspect, lawmakers could use ideas of compensation system and couple protocol registration system in western countries as complements for the marital property system in China. From the judicial practice as pect, lawmakers should give play to the judicial initiative, showing their respects for e thics attributes in families and folk tradition in societies through judicial interpretation s and the case guidance system, so as to lead parties in marital and familial relations t o better results by laws. |
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