Rethinking On Interpretation (?) Of The Supreme People's Court Of Several Issues On The Application Of The Marriage Law Of The People's Republic Of China

According to the data of the Supreme People's Court,the cases of marriage and family disputes have been increasing year by year,and it is more and more difficult to apply laws and do judgement.Among them,many cases involve the issue of the ownership of real estate property purchased by parents for their children after their children's marriage.Interpretation(?)of the Marriage Law,which came into effect on August 13,2011,has attracted sufficient attention in the whole society for that there are several provisions concerning the ownership of real estate.The promulgation of Interpretation(?)of the Marriage Law provides certain specific operational rules for dealing with such disputes over the community.The doubts about Article 7 of Interpretation(?)of the Marriage Law have continued.The Supreme People's Court stated that the legislative intent of Article 7 was to protect the interests of Chinese parents.It is undeniable that this article does play a certain role in the protection of the rights and interests of parents,but whether it can truly balance the interests of the couples and their parents remains to be studied.There are many critics: some believe that it violates the interests of the weaker party(usually the woman)in marriage and deviates from the purpose of the marriage and family law to protect the weak family;others believe that this article is purely from the market economy.Starting from the level,using the market economy rules to adjust family relationships is not conducive to the maintenance of marriage and family relations.This paper draws the reason why the Article 7 of Interpretation(?)of the Marriage Law is criticized from several related real cases and seeks to find an effective solution to the problem of property rights of the parents who purchase the real estate for their children after their children's marriage.This paper combines the research methods of case analysis,comparative analysis and empirical analysis,analyzes the problems of Article 7,demonstrates the application of Article 7 and makes some suggestions for perfecting Article 7 to promote Article 7 be used for judicial practice better.This paper is divided into the following three parts with the title " Rethinking on Interpretation(?)of the Supreme People's Court of Several Issues on the Application of the Marriage Law of the People's Republic of China ".The first part is an overview of Article 7.It mainly starts from the legislative background and the practical cases of judicial application and the controversial focus of the theoretical circle,and raises questions.The second part is to carry out the interpretation application of Article 7.The third part is the improvement proposal proposed in Article 7.The second part and the third part are the key points of this paper.