Court of various people court, various military affairs, each railroad carries countrywide place intermediate court and basic level court, each admiralty courtyard:

Now will " a certain number of specific opinions that hear divorce case to handle belongings to break up a problem about people court " print and distribute gives you, carry out seriously please. In carry out the attention sums up experience, he Yi sees with the problem, reach times to accuse my courtyard please.

[Zhang Ming]

Add: A certain number of specific opinions that top people court hears divorce case to handle belongings to break up a problem about people court (the 603rd conference discussion passes committee of trial of top people court) people, ought to according to " marriage law of People's Republic of China " , " rights and interests of woman of People's Republic of China guarantees a standard " reach concerned law to set, distinguish personal property, husband and wife common property and family are collective belongings, hold to equality of men and women, protect the legitimate rights and interests of woman, children, take care of without fault square, respect party desire, the principle of advantageous production, convenient life, ground of fair and reasonable gives solve. According to afore-mentioned principles, union tries practice, offer following specific opinions:

Who does both sides of １ , husband and wife put in 's charge to belongings all agree with written form, or agree with oral form, both sides does not have controversy, conventional processing should be pressed when the divorce. But the agreement of avoid law is invalid.

2, both sides of husband and wife puts add in marital relation during the belongings of earning, for husband and wife common property, include:

(１ ) the income of one party or bilateral labor income and purchased property;

(2) one party or bilateral and successive, get given worth;

(3) the economic interest that one party or both sides acquire by intellectual property;

(4) one party or both sides are engaged in contracting, rent the accrual that waits for production, management activity;

(5) the creditor's rights that one party or both sides obtain;

(6) one party or bilateral other and lawful earning.

3, during marital relation puts add, be demobilized, cost of the retired cost of earning of soldier of be transferred to civilian work, be transferred to civilian work, marry time of 10 years of above, should press husband and wife common property undertakes breaking up. The medical allowance that the ex-serviceman brings back from army is expended and return to one's native place produces accessorial cost, should put in oneself 's charge all.

4, husband and wife lives apart worth of the earnings after two ground are in charge of manage, tubal marriage respectively, should maintain for husband and wife common property. When comminute, respective cent leaves manage, tubal property alone to return respective and all. Bilateral place divides belongings six to one, balance part, compensate for with the belongings that comparatives with balance by the one party that gets worth more another.
Previous12 Next