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Home  /  Picture of the Day  /  Pic of the Day by Category  /  General China News 新闻   /  婚姻法"新解释"引起争议 - New expansion of the Marriage Law leads to disputes
婚姻法"新解释"引起争议 - New expansion of the Marriage Law leads to disputes print version
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从13日开始,婚姻法[1]第三次司法解释[2]开始实施。最高人民法院[3]12日公布的《关于适用〈中华人民共和国婚姻法〉若干问题的解释(三》[4]从13日开始实施,在网上引起了广泛关注。 此次司法解释中受关注最大的就是关于房屋权[5]属的新规定:婚后若一方父母出资为子女买房,若离婚,则谁父母出资房子归谁。近年来,随着房价[6]的快速上涨,住房已成为生活中最重要的财产,因此一旦离婚,就会涉及房产分割[7]的纷争。



近五年来全国离婚人数逐年上升,年平均增幅为7%,而全国法院一审受理[15]婚姻家庭纠纷案件[16]也逐年上升,案件中集中反映出婚前贷款买房[17]、夫妻之间赠与房产等问题。 关于新规定,最高法院认为,父母出资为子女结婚购房往往被忽视。如果离婚时一概将房屋认定为夫妻共同财产,违背了父母为子女购房的意愿,实际上也侵害了出资购房父母的利益。


Starting from August 13th, the third expansion of the marriage law by the administration of justice for has been put into effect. The highest people's court has issued on the 12th the "expansion of certain problems about applying the marriage law of the People's Republic of China", implemented from the 13th. This has lead to extensive interest on the internet. What receives most attention in this law extension is new regulations concerning housing: If after marriage the parents of one side spend money purchasing an apartment for their son or daughter, in case of divorce, the apartment returns to the son/daughter of the parents who bought the apartment. In recent years, as apartment prices are rising fast, housing has become the most important property in one's life, therefore divorce can involve the dispute of dividing the house.

Some netizens, from a humanistic angle, aren't satisfied from the judicature expansion. "This regulation is a typical case of the principle of 'who invests - who benefits', and isn't considered from a family-sentiment angle. Women not only have to earn money, but also to give birth, raise children. It is impossible to use a capitalist measure for house expenses, as if the man wants to divorce the woman can't have any insurance", one netizen wrote. At the same time, some points of view claim that the new law expansion can produce unfairness towards disadvantageous groups, such as housewives.

Personage from the highest court say that in divorce cases nowadays, dividing the housing is already one of the focal problems. If judging only by the standards of the housing property-right-certificate or the standard of the house being a common property of husband and wife, this could be unfair towards one side.

In the last 5 years, the number of divorcing people is rising year after year, with a growth of 7%. Yet, the number of family-dispute cases dealt by the national court of law is also rising. The cases mostly reflect taking a loan and buying a house before marriage, apartments given as a gift between husband and wife and other issues. Concerning the new regulation, the high court believes that the issue of parents spending money to purchase an apartment for son or daughter is frequently neglected. If at time of marriage the apartment is determined as common property of husband and wife, this is going against the desire of parents, and also violates parents' interest.  

It can be seen from the expansion issued by the high court of law that this is a necessary result of the reality of social developments. Along with the daily growth of disputes, there is an inevitable requirement that the law clarifies the issue of property rights and solves this issue. Naturally, it is most important that the entire society promotes fidelity, responsibility, harmony, true love, family emotion and marriage principles.

[1] 婚姻法 hūnyīn fǎ - Marriage Law

[2] 司法解释 sīfǎ jiěshì - Judicature expansion; adjustments and expansion to a certain law, adding new regulations

[3]最高人民法院z uìgāo rénmínfǎyuàn - The highest court of law

[4] 《关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》guānyú shìyòng 〈 zhōnghuá rénmín gònghéguó hūnyīn fǎ 〉 ruògān wèntí de jiěshì ( sān )- ' Expansion of certain problems about applying the marriage law of the People's Republic of China', new regulation concerning issues needed to be adjusted in the Marriage Law

[5] 房屋权 fángwū quán - Housing rights

[6] 房价fáng jià - Apartment prices

[7] 房产分割 fáng chǎn fēngē - Division of housing property

[8] 网友 wǎng yǒu - Netizen

[9] 家庭感情 jiātíng gǎnqíng - Family sentiments, warm family-focused angle

[10] 资本 zīběn - Capitalist

[11] 保障 bǎozhàng - Guarantee, insurance

[12] 弱势群体 ruò shì qúntǐ - Weak groups

[13]家庭主妇 jiātíng zhǔfù - Housewife

[14] 房屋产权证书 fángwū chǎnquán zhèngshū - Apartment owner-right certificate

[15] 一审受理 yī shěn shòu lǐ - Hearing a case on first instance

[16] 案件 ànjiàn - Law case

[17] 贷款买房 dàikuǎn mǎi fang - Taking a loan and buying a house

[18] 忠贞 zhōngzhēn - Fidelity

[19]和谐 héxié - Harmony

[20] 挚爱 zhì ài - True love

[21] 婚姻观 hūnyīn guān - Marriage principle, the idea supporting keeping the marriage together

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