Wu Changzhen, A Marriage Jurist, Interpreting The New Marriage Law

While affirming the draft, Wu Changzhen put forward three suggestions.

The second article of the solicitation draft stipulates that "if a spouse coexists with another person, he agrees to make a property compensation for relieving the cohabitation relationship, and the people's court shall not support it if the party claims to pay the compensation or pay compensation, but if the legal marriage party sues for prosecution on the grounds of violating the common property right of the husband and wife, the people's court shall accept the case and deal with it according to the specific circumstances."

"This provision is unconsidered, protecting the interests of the third parties and weakening the rights of the spouses."

Wu Changzhen said that there are many loopholes in this provision, and the third will try their best to assign their property to their own names, and spouses may not prosecute the court for the return of property for the sake of preserving their marriage.

Wu Changzhen suggested that the property compensation for the third party should be invalidate in principle. If the third have special circumstances, they can be properly considered.

For the twelfth article of the draft, "a house jointly owned by a husband and wife registered under one party shall sell the house without the consent of the other party, and the third party shall purchase in good faith, pay reasonable consideration and go through the registration formalities. If the other party claims to recover the house, the people's court shall not support it, except that the house belongs to the common living and living needs of the family."

"This provision does not take into consideration the rights of spouses."

Wu Changzhen said, "this problem can be avoided."

Shanghai housing registration management department will ask the Seller whether he is single when he pfers the house. If he is single, it will not be a problem. If he is married, he or she will need to issue a letter of consignment of a spouse's consent to sell the house. Or, in the marriage law, the husband and wife shall jointly sign the common property. In addition, the equal rights of both husband and wife to the common property should be widely publicized and the social awareness should be enhanced.

For the nineteenth article of the draft, "the holder of the claim for divorce damages according to the forty-sixth article of the marriage law shall be the innocent party in the marriage party.

If both husband and wife have the circumstances of the fault specified in the article, the people's court shall not support any claim for compensation for divorce damage by any party.

"But the fault is small."

Wu Changzhen said that considering the size of the fault and the circumstances of the fault, it would be more reasonable to support the property appropriately.

"The judicial interpretation of marriage law needs to be further improved, so do not avoid realistic problems."

Wu Changzhen said, such as the identification of marital loyalty agreement, compensation for marriage, damages for adultery, and the refinement of property income items.

This is because foreign law stipulates that spouses can bring civil compensation suits to the third party, whereas according to our law, the third party does not bear civil liability for compensation.

After the 80s of last century, the law of our country no longer identified adultery as an illegal act.

Most of the international community has also abolished adultery.

"I do not advocate resumption of adultery, but it should be curbed in law."

Wu Changzhen said.