Analysis And Suggestion Of The Judicial Status Quo Of The Homewrecker’s Property Donated In Marriage

It is not uncommon for such disputes to give to a homewrecker who maintains an improper relationship with a husband and wife for the duration of a marriage.The fair handling of such disputes is related to the protection of the legitimate rights and interests of the common property of one of the spouses,and in some cases it is inevitable that the legitimate interests of the "good faith homewrecker" will be involved,especially the physical and mental health of the children born to them.In judicial practice,there are problems such as inconsistent filing of cases and inconsistent application of some judges’ laws,which are not conducive to the fair handling of such cases and the protection of the legitimate rights and interests of the parties concerned.In judicial practice,there are great differences in the origin of cases involving the granting of homewrecker property in marriage,although the basic legal facts of such cases vary greatly.The main cases are disputes over improper profits,gift contracts,private lending disputes and others.Generally speaking,the law applicable to a court’s decision is directly determined by the case.It is more in line with the law to treat the gift contract dispute as the reason for the case of the homewrecker property in marriage,and it is not conducive to the fair handling of the case to take improper profit dispute and civil loan dispute as the reason for the filing of such case,and it is difficult to effectively protect the interests of the non-faultless spouse.In cases where a spouse gives a homewrecker with the joint property of the spouse,there are cases where the spouse’s rights and interests have been violated and the prosecution dismissed in court.Through the investigation of relevant cases and judicial practice research by the China Adjudication Instrument Network,we find that there are four main results in practice: first,the judge will rule against or dismiss the prosecution;Whether these four methods of adjudication are legal or not conforms to fairness,justice and core values requires further study.Although china is not a case law country,but some typical judicial precedents can provide judges in local courts with a guiding role in adjudication.The main problems in the case of homewrecker property in marriage are partial improper judgment,determination of the validity of gift behavior and return of gifted property.The main reason for the problem is that judges do not incorporate core values in the administration of justice,the existing legal provisions are not sound,judges can not accurately apply the law.Through the analysis and processing of the problems and reasons in the marriage gift of homewrecker property cases,it is concluded that the core values of socialism are combined with the judgment of this type of case,the reason for filing the case is clear,the payment system for illegal reasons is reasonably introduced,and the situation is distinguished.Apply the principles of public order and good customs to four suggestions for handling such cases.