The Experts Answered Reporters' Questions In The Interpretation Of Marriage Law (Three).

Reporter: some people believe that according to the provisions of the seventh and tenth articles in the interpretation of marriage law (three), the parents of the parents of the marriage side have no share in buying the house.

In the current marriage and family structure of China, the reality of "strong men and weak women" has not changed. The real estate is that most of the parents bought their son after marriage.

Does the interpretation of marriage law (three) ignore the objective differences between men and women, and only tend to protect the interests of the men without taking into account the protection of the interests of the women?

Some people think that generally it is the man buying a house, the woman decorating, the real estate revaluation when divorcing, the woman leaving the house purely, is this result very unfair?

Yang Lixin: we believe that, judging from the media feedback, some people have misunderstood the interpretation of the marriage law (three). Some people think that this explanation is not effective enough for the protection of vulnerable groups.

To understand and grasp the spirit of the provisions of the marriage law and its judicial interpretation (1), (two) and (three) in a comprehensive and accurate way, it can not be applied mechanically, nor can it be separated.

In fact, the Supreme People's court has always attached great importance to the protection of women's rights and interests. In December 27, 2001, the judicial interpretation of marriage law (1), for example, the seventeenth provision stipulates that husband or wife's rights in handling husband and wife's common property are equal.

Any party has the right to decide whether to handle the common property of husband and wife because of the needs of daily life. The twenty-seventh specifically stipulates that a party who has no place to live at the time of divorce is a life hardship and embodies the legal protection of women.

The judicial interpretation of matrimonial law, which came into effect in April 1, 2004 (two), also emphasized the protection of women's rights and interests. For example, the eleventh rule stipulates that one party's gains from personal property investment after marriage are belonged to husband and wife's common property. In real life, most of the husbands use their personal property to invest and run companies. This regulation is obviously conducive to protecting the interests of the wife's side. The twenty-eighth regulations on the application of preservative measures by husband and wife are formulated specifically for the purpose of protecting women's rights and interests.

The interpretation of marriage law (three), which came into effect in August 13, 2011, has not only weakened the protection of women's rights, but strengthened the protection of women's rights and interests from different angles.

For example, the provisions on reproductive rights disputes protect women's reproductive rights from the legal level, and explicitly stipulate that the termination of pregnancy by a wife without permission does not constitute a violation of her husband's reproductive rights; a major reason clause for separating the common property during the period of marriage is actually from the perspective of protecting the rights and interests of women.

The division of the joint repayment of loans and its value added after marriage is a division of the common property in the period of marriage according to law. If the woman is not premarital loan, it can at least get 1/2 of the total.

At the same time, the tenth second paragraphs expressly require that the judgment be made in accordance with the provisions of the thirty-ninth Article 1 of the marriage law, that is, the principle of taking care of the rights of the children and the women according to the specific circumstances of the property, which fully reflects the protection of the rights of women.

It is a misconception that some people think that the man bought a house, the woman is decorated, the property value is increased when the divorce is made, and the woman is clean.

If women pay for housing decoration, as decoration materials have been attached to the housing, become an integral part of housing, decoration also correspondingly into the value of the house.

According to the theory of accession to civil law, the total value of housing includes the decoration and the corresponding value added part of the property. When assessing the value of the house when divorcing, it will certainly determine the proportion of the decoration and its corresponding value added in the whole house value, and make corresponding compensation to the party who has not obtained the house.

Therefore, in such a case, the rights and interests of the woman will not be impaired.

The seventh of the interpretation of marriage law (three) is to link the "property registration" with "the confirmation of the gift party" to facilitate the actual operation of the court.

More consideration is given to China's national conditions. Many parents spend their lives to buy a house when their children are married, and generally do not sign a written agreement to make sure that the house has no children's spouse. The behavior of using property rights to register in their children's names shows that the attitude is more realistic.

In particular, from the perspective of protecting the rights and interests of the elderly, this provision provides a preventive effect on preventing the phenomenon of "flash marriage" which exists in some young people with "fast marriage and fast divorce", which brings huge losses to the parents of one side.

At the end of last year, when the marriage law interpretation (three) was publicly solicited, many elderly people expressed their views and called for a clear regulation that the house bought for their children could not be taken as a common property between husband and wife.