Position:Policies and regulations

The 5 large central issues that marriage law revises

From;    Author:Stand originally

“ concubinage ” breaks the law: Modification decision stipulates in active marriage law “ prohibits the provision increases on bigamous ” foundation: Cohabitational ” of the person that “ prohibits having a mate and other. Such modification, had specific aim to the problem of “ concubinage ” , belong to bigamy, ought to investigate criminal duty lawfully; Invalid to the marriage that bigamy brings about belongings is handled, do not get the belongings processing of party of enroach on regular marriage; Bigamous to another or cohabitational house of the person that have a mate and other brings about a divorce, without fault Fang Youquan requests to compensate for.

Prohibit the family is violent: Domestic force is influence marriage quality and one of main factors that bring about astatic element, “ prohibits bed sheet of first time of domestic force ” lists alone, highlight a regulation, seek the result after the opinion extensively just about. Modification decision returns a regulation: “ is violent to the family that carrying out, the victim has authority to put forward a request, dweller committee, villager committee ought to give dissuade; Public security mechanism ought to give check. Executive family force or mistreat domestic member, the victim puts forward a request, public security mechanism ought to the legal provision that management of according to public security punishs gives administration is punished. ”

System of ownership of property of husband and wife is clear: With living people thinks simply, belongings of husband and wife is mutual. Nowadays, this is mutual: Also not be absolutely. After revising, listed the limits of individual peculiar: The belongings before the marriage of one party: Because one party body gets the medical treatment that wins with harm,extra allowance for living expanses of cost, disabled is expended wait for charge; The husband returns only certainly in will or donative contract or wife the belongings of one party; Articles for daily use of one party appropriative. The belongings after the marriage before setting marriage of husband and wife at the same time is OK “ agreement ” returns respective and all or collective all, this “ agrees ” in the final analysis also is bilateral and freewill, jural did not ask forcibly notarial.

The rights and interests after the divorce is clearer: After listening to each opinion, revise a decision this to still be the principle that divorce suit allows with ” of “ feeling burst. Nevertheless, modification decision listed clearly for the first time emotional cracked 5 kinds of case, in order to regard judicatory practice as the guidance of particular operation. In addition, modification decision still increases a provision: After “ divorces, do not bring up filial father or mother directly, have the right that visits children; Because ”“ one party cradles children, attend job of other one party of old person, assistance give more obligation, the divorce counterpoises to request to compensate ” to another from time to tome, quantify the value of housework for the first time. And, still increased the provision that divorce fault compensates for.
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