Comment On Seventh Regulations Of Third Judicial Interpretations Of Law Of Marriage

On August13,2011, the third explanation of some issues of the supreme people’scourt about applicable <marriage law of the People’s Republic of China> was formallyimplemented.The interpretation has caused wide public concern as soon as it waspromulgated.In dealing with the ownership of the house which parents financed thepurchase, housing accommodation as marriage is always one of the difficult problemsin judicial practice.With the development of the economy,Chinese traditional thoughtsof marriage and family have changed very much and the divorce rate goes uprapidly．Housing is the most important asset of matrimonial property.At present thereare some difficult controversial issues on the ownership of the house which parentsfinanced the purchase．But the relevant rules of our marriage law and judicialexplanation tend to be abstract．So some suggestions to perfect the rules of theownership of the house which parents financed the purchase have been presented in thisthesis．To discuss these controversial issues is of great significance．This thesis is divided into four chapters altogether：Chapter One：General situation.Parents pay for housing law regulations andimplications for spring, and the parents pay for housing in our country’s socialsignificance of marriage and family. The Chinese love their land and houses sinceancient times. Strong sense of belonging to house occupies the important position in themarriage and family in China. Rising house prices in China, makes the house became asymbol of family wealth.Chapter Two：The problem.Regulations on legislative effect runs counter to theobjective and the construction of a harmonious society, and violated the marriage law ofthe couple’s property rights, does not conform to the existing family pattern in ourcountry, also do not conform to the marriage and family tradition, is the invasion ofwestern marketization concept for our family.Chapter Three：Legislative provisions.At present, our country is still in thedeveloping countries, the economy is not developed, at the same time, our countryresidents’ income is not high, the proportion is still used for purchase. At present is tobuild on the basis of the family of the harmonious society, in terms of legislation shouldconsider marriage contract view, marriage and family ethics and the concept of marriageand family values, such as, in the hope of our legislation can completely meet the needs of the development of society.Chapter Four：The suggest.we should pay attention that the marriage should bebased on the relationship in the family and we should admit the value of housework.Atthe same time,we should also compensate the no-fault party who has no the propertyand the one without property rights but doing his or her duty for the purchase ofparent.Hope it can be available to improve the legislation.