Judicial Dilemma And Way Of The Division Of Marital Pension Rights And Interests

Based on the legal basis of the evaluation of housework value and the protection of human rights,as common property,pension rights and interests include not only the pension benefits at maturity that meet the conditions for receiving pensions after retirement,but also unexpired pension benefits when the conditions for receiving pensions are not met,at this time the insured person has the expectation interests.But the interpretation of Certain Issues in the "Marriage Law of the People's Republic of China"(3)(hereinafter referred to as "Interpretation of the Marriage Law(3)")Article 13,in view of the difficulty of evaluation and division,only support the actual personal payment during the marriage,denying the severability of expectation interests,which has caused widespread controversy in the application of judicial practice.The article combines judicial cases to analyze the dilemma of the division of marital pension rights and interests in judicial practice.First,the scope of pension rights and interests is not defined:it is not clear whether the part paid by the employer and the interests in the personal account of the basic endowment insurance and the investment income belong to the common property of the husband and wife,and whether the enterprise annuity is adjusted by Article 13.Second,there is difficulty between couples in proving spousal property information.Third,the guiding standards for the division of marital pension rights and interests is lacking in procedures and methods.In view of the above problems,this article makes corresponding suggestions:first,legislate the specific scope of the marital pension rights and interests,and clarify the expectation interests as common property;second,add a marital common property disclosure system;third,propose specific procedures and methods for separating pension rights and interests at maturity and unexpired pension rights and interests.