Comments On Hu V. Liu’s Divorce Case

With the development of economy, the types of common property of husband and wife are becoming more and more complex, in addition to the physical assets, such as property, deposits and other, such as interests brought about by the diploma has been gradually as the common property of the parties put forward segmentation requirements, and there are a lot of parties to bear the family labor requirements to obtain compensation.In China there has been no systematic provisions on relevant issues,in the judicial practice, it is not consistent with the way of dealing with the claims of the parties in the judicial practice, which requires the division of interests brought about by the diploma or labor compensation, courts often organize parties to mediate,whether the success of mediation can be arbitrary,after the failure of the mediation,the court decision results are also different, lead to similar cases have obtained compensation, there is no compensation, there are more compensation, there are some compensation, Such phenomenon affects the unity of judicial judgment, also aroused the suspicions of the parties to the judicial justice.Two focus of controversy generated in the process of the case, one case is the Hu’s master’s the benefits of diploma which obtained in marital relations whether to belong to a common property of husband and wife; the second is whether Liu can receive compensation for bearing major domestic labor.By analysing the case, the author thinks: First, although the diploma is not the civil law in the sense of property, and not belonging to the common property of husband and wife, but the diploma itself represents a certain economic interests, and in some special cases, if you don’t confirm the value of diploma, the other party’s legitimate rights and interests cannot be guaranteed, for this, we can take the diploma "as" husband and wife common property, after to evaluate its value as a husband and wife common property division in accordance with the law, in order to balance the interests of both sides, so as to realize the justice of the case. Second, our country "marriage law" article 40 of divorce compensation claims made rules, but this provision is limited to the marital property system respectively, and according to the survey in our country is only less than 5% of couples agreed the marital property system respectively, constrained by the provisions of regulation, the vast majority of the contribution of the party in the divorce when you don’t get divorce compensation according to the provisions, apparently, the provisions of the legislation original intention can’t be realized, because most of the contribution of household labor value is not legal confirmation, based on the instinct "Go after profit and avoid harm", people voluntarily undertake chores labor will be reduced accordingly, affect family division of labor, thereby affecting relationship and even lead to family breakdown, so the author thinks that, divorce compensation system should be indiscriminately applied to two kinds of marital property system,fully acknowledged the contribution to family life and the other party, give contributor the right of claiming family labor compensation at the time of divorce, removed from the worry that worries about the future "Both life and wealth empty", so as to promote family reasonable division of labor, and provide legal safeguard for the benign development of married life.