When The Judicial Interpretation Of Marriage Law Hits "Xiao San", "The Two Generation Is Rich".
When " Marriage law Judicial interpretation (three) collide with " Junior three " One born with a silver spoon in one's mouth How can we not raise the controversy of public opinion? Yesterday afternoon, at the provincial women's rights protection and information service station, more than 20 marriage law experts launched a heated discussion around the new judicial interpretation.
The second article of the judicial interpretation reads: "if a spouse cohabitation with another person, he has agreed on property compensation for the purpose of relieving cohabitation, and the people's court shall not support it if the party claims to pay the compensation or pay compensation, but the legal person of the marriage shall sue for prosecution on the grounds of violating the joint property right of the husband and wife. The people's court shall accept the case and deal with it according to the specific circumstances."
For the most controversial provision, Zhuo Dongqing, an associate professor of Law School of Zhongshan University, believes that such regulations actually encourage men to raise "little three".
Jinan University law school professor Song Yaohong bluntly said: "legislative guidance is wrong."
But Guo Lihong, a professor at the school of grammar at Guangdong University of Technology, stressed: "marriage law is not a law for the protection of women's rights and interests.
If "Xiao San" is a woman and needs protection, is there no need to protect the original? "Professor Guo suggested that we should classify the claim behavior of Xiao San to determine whether it is good or evil.
The eighth provision of judicial interpretation is: "the real estate purchased by one parent's parents after marriage is registered in the name of the investor's child. It can be regarded as a gift to one's own child. It should be recognized that the real property is the personal property of the husband and wife."
Liang Cong, vice president of the Guangdong Provincial Higher People's court, jokes that the provision "protects the rich two generation".
However, the regulation not only involves "two generation".
Huang Shumei, a lawyer at Guangdong foundation law firm, who has been working for women's federations for many years, believes that before the law stipulates that 8 years after marriage, real estate becomes the property of husband and wife. This is to protect the rights and interests of the vast majority of rural women.
"In rural areas, women get married, that is to say, the husband and wife's house is generally registered in the name of the father. If the old law is lost, the divorce of a rural woman means homeless."
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