Article 9 of the judicial interpretation claims that the wife claims damages on the ground that her wife terminated the pregnancy without permission and violated her reproductive rights, and the people s court will not support it. The court shall, after mediation is invalid, proceed in accordance with Article 32 (3) (e) of the Marriage Law.
Article 23 Parents have the right and obligation to protect and educate their minor children. When minor children cause damage to the state, collective or others, parents have the obligation to bear civil liability.
The Supreme People s Court Several Specific Opinions on Handling Divided Cases in Divorce Cases by the Supreme People s Court held that in the trial of the court, personal property, common property of husband and wife, and common property of the family should be distinguished, equality between men and women should be upheld, and the legitimate rights and interests of women and children should be protected The party without fault, respects the parties wishes, is beneficial to the principles of production and convenience, settled reasonably and reasonably, and puts forward 22 specific opinions. Among them, Article 6 conflicts with the existing marriage law and no longer applies. The remaining items are also used as courts in divorce. Basis includes:
1. If the husband and wife have agreed in writing on who owns the property, or they have agreed orally, if there is no dispute between the two parties, the divorce shall be handled as agreed. But the agreement to circumvent the law is invalid .
3. During the duration of the marital relationship, the demobilization and demobilization fees received by the demobilized and re-employed soldiers should be divided according to the common property of the spouse if they have been married for more than 10 years. The medical subsidies and return production subsidies brought by demobilized soldiers from the army shall belong to me.
4. Married property that is managed and used separately by husband and wife in two places separately shall be recognized as the common property of husband and wife. When dividing property, the property that is separately managed and used is owned by each. Where the property divided between the two parties differs greatly, the difference shall be settled by the party with the excess property with the property equivalent to the difference. (Author s note: I think this provision is not fair. If the property of one party is 5 , the property of the other party is 3, the difference should be 2, the party with 5 assets is given to the other 2, the party with less assets becomes 5, and the party with more assets It becomes unfair again to 3. It is a mistake made by legislators, but it is reasonable and illegal.
5. Marriages registered and not yet living together. Gifts and gifts received by one or both parties shall be deemed as the common property of the husband and wife, and the source and quantity of the property shall be reasonably divided in the specific treatment. In principle, the property invested and purchased by each of them shall be owned by them.
6. If one party s personally owned property before marriage is used, operated, and managed by both parties after marriage, the house and other valuable means of production have passed through 8 years, and the valuable means of living have passed through 4 years . (The Supreme People s Court s interpretation of several issues concerning the application of the Marriage Law of the People s Republic of China \\ u0026 lt; 1 \\ u0026 gt; stipulates that the property owned by one spouse shall not be converted into common property of the spouse as the marriage continues. (Applicable)
7. If it is difficult to determine personal property or spouse s common property, the party claiming the right is responsible for proof. If the party fails to provide strong evidence, and the people s court cannot verify it, it shall be handled as the husband and wife s common property.
8. The common property of husband and wife shall be divided equally in principle. Depending on the actual needs of production and living, and the source of the property, there may be differences in specific treatment. Items belonging to individuals are generally owned by individuals .
9. If one party runs a partnership with another person with the common property of the husband and wife, the property of the occupant may be distributed to one party, and the party that receives the occupancy of the occupant shall give the other party a compensation equal to half the value of the occupancy property. (The legislator obviously considers the issue of 5-2 = 3 here)
10. The means of production belonging to the spouse s common property can be distributed to the party with the business conditions and ability. The party that receives the means of production shall give the other party compensation equal to half the value of the property.
11. In the year when the husband and wife jointly operated the non-profit breeding and planting industry, they should be reasonably divided or discounted in consideration of the benefits of development and production and management.
12. Within 8 years after marriage, the two parties have repaired, decorated, and demolished the original house owned by the party before the marriage. If the property right is not changed at the time of divorce, the house is still owned by the property owner. The value-added part belongs to the other party. The owner of the house compensates the other party at a discount; if the house has been expanded, the house in the expanded part shall be treated as the common property of the husband and wife. (According to the interpretation of the Supreme People s Court, the period should not be limited to 8 years)