The Legal Analysis About Third Judicial Explanation Of New Marriage Law’s Hot Issues

The family has an important social function as a special unit of the social elements, Marriage is one able to relate to everyone in the vital interests of the law, since 13 August 2011 after the new judicial interpretation implementation, it caused awidespread concern. In the Marriage Law judicial interpretation of (3) have some new regulations,which subvert the spirit of the legislation and the purpose of the original law, these new rules destroy the couple’s joint property system and increased on couples personal property syetem. resulting in the Marriage Law’s identity quality attributes gradually fade into a ordinary civil trading relationship.While reflected in a series of social function, Marriage Law of interpretation (3) also caused the emergence of the phenomenon of conflict of laws, face these conflicts, the article come up with some points to modify and improve the future laws.The article is divided into three units to analysis the Marriage Law interpretation (3).Chapter one, the hot discussion of Marriage Law interpretation (3),from the" Marriage Law interpretation (3) reason and hot topics, to grasp the article,and from the negative and positive effects explained on the "Marriage Law (3) "to comment; chapter two marital property regime, section 1 describes the matrimonial property regime of community property and separate property regime, lack of complementary between excellent, combined with China’s actual situation to improve our matrimonial property system, section Ⅱ appointed property system introduced and proposed the appointed property system in China regulatory approach, Section Ⅲ describes the cancellation right of foreign matrimonial property system to reference;Chapter three legal conflict and solutions,this part is difficult and key part, Section 1 macro conflict, manifested in the conflict between the judicial and legislative powers, Section Ⅱ micro conflict, mainly department laws conflict,between, Marriage law,property law, Constitution with Marriage Law interpretation (3). Perfect Suggestions are put forward based on the phenomenon of conflict.