An Empirical Study On The Judicature Of Marital Property Disputes

The problem of engagement property has been in a special form in our country.Now the court hearing cases of marital property disputes increase year by year,which also makes the problem of marital property become a social problem.The reason is because of marriage and property custom,marriage and property issues in the "Supreme People's Court on Several Issues concerning the application of" People's Republic of China marriage law "interpretation(two)"(France-[2003]19,hereinafter referred to as the "marriage law judicial interpretation(two)" in tenth).The introduction of this provision is to solve the problem caused by the marriage of property disputes,but the interpretation Overgeneralization suspicion.Although this interpretation can effectively prevent borrowing property from marriage,arrange the sale and purchase of marriage,but as a custom,the property of marriage is widespread in many parts of China,especially in rural areas of Qinghai province.With the continuous development of economy,the continuous improvement of living standards,the amount of bride price is also more and more high.In this paper,we find and analyze the typical cases of marital property disputes in Huangzhong County People's court from 2013 to 2016.We can see that the four years' disputes over the property disputes in Huangzhong county are increasing year by year.This shows that the custom of marriage is common in our province.The phenomenon of engagement is also common.Betrothal means the establishment of the engagement,and the establishment of the engagement means the binding of the parties to the betrothal.This article takes the case of Qinghai Huangzhong County People's court as the research object of the contract property dispute case,and aims to find a solution for the case of marriage disputes.For the future judicial trial in the coordination of the application of laws and habits to put forward countermeasures and suggestions.This paper consists of six chapters.The first part is the introduction.It mainly expounds the background and significance of the thesis,the research situation at home and abroad,the key points,difficulties and innovations of the paper,as well as the research methods.Through this part of the writing,we can understand the background of the problem and the problems encountered in the process of demonstration and the method of demonstration.The second part mainly discusses the general theory of marriage and marriage and property,to illustrate the engagement and marriage of property in China has existed for a long time,the engagement and marriage of property in China has experienced from have no to some process,and then elaborates the nature of marriage and property,marriage and property as a conditional gift.The conditions for days after the marriage of both men and women marry.The third part mainly in Huangzhong County People's Court of marriage and property dispute case as the starting point,firstly,introduces the evolution of geographical environment,Huangzhong County of Qinghai Province,traffic conditions,economic development,farmer income level and the gap between rich and poor,marriage and property status;secondly,analyzes the influence factors of engagement property uses,benefits and engagement property including marriage and property sources,the amount of engagement,marriage and property property,indicating the influence on marriage and property and the effects of these factors;finally,analysis of the economic and social development influence on marriage and property and coordination,for there are some differences between the various levels of economic and social development in Huangzhong County of Qinghai Province,the level of economic and social development in developed area and backward economic and social status of marriage and property development in backward areas of marriage and property There are some differences in the status quo.This chapter will analyze the various factors that affect the marital property through the analysis of the actual situation of Huangzhong County in Qinghai Province,and summarize the influence and coordination of the economic and social development level on the marital property.The fourth part summarizes the Judicial Dilemma of Huangzhong County People's court in handling the cases of marital property disputes through analyzing the cases of the Huangzhong County People's court's property disputes in recent four years.First of all,on the subject of marriage and property were determined through the analysis of Huangzhong County People's court for nearly five years of marriage and property disputes,property disputes involving the marriage litigation subject is divided into four categories,the subject of litigation separately for men and women of both men and women engagement,engagement of both sides and the woman's parents,both of men and women engagement the engagement of men and women and parents,both parents;secondly,briefly introduces the claim and claim the scope of marriage and property,for this part is focused on the range of the right to claim the engagement property,in judicial practice,due to various judges' cognition,experience and education are different,the scope of that claim to marriage the property is different,so this paper attempts to analyze the engagement property claim scope,summarized the engagement property request The specific scope of the right to a positive guiding role for future judicial practice;finally,introduces the marriage property disputes,the burden of proof,cross examination and authentication,analysis on engagement property disputes exist in the process,the burden of proof in the problem,and give advice.The judge made an analysis of the existing problems by identifying the evidence.The fifth part divides the cases of marital property disputes in the people's Court of Huangzhong County into two types.For marriage after receiving a marriage license dispute,by citing typical cases,analysis of the marriage for both men and women for the return of the judicial idea of marriage and property between the different national judicial idea,on the return of marriage and property of common life length of marriage certificate,intends to point out that the Huangzhong County people's Court of marriage and property disputes judicial the referee rules.For the dispute class that did not receive the marriage license after joining the marriage contract,mainly from the two sides living together as the breakthrough point,it summarized the judicial adjudication rule that the court did not receive the marriage license after returning the marriage contract,and demanded the return of the marriage property disputes.The sixth part summarizes the improvement of the legislative design and the judicial interpretation of the specific provisions of the civil code,and points out that in the judicial practice,the judges should follow the principle of flexibility and principle in order to maintain the unity and coordination between them.The purpose of this part is to make specific legislative designs for the marital property and to improve the interpretation of the judiciary.In judicial practice,because of the differences between different ethnic groups,the purpose of this chapter is to analyze that judges should pay attention to flexibility when adhering to principles while dealing with cases of marital property disputes.