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Attorney Zhao Ningning was interviewed by Reuters
Read:2226  2015/7/1 16:24:26

On July 4th. 2011. the 1525th Session of the AdjudicationCommittee of the Supreme People’s Court. adopted the Supreme People’s Court’sInterpretation of Certain Issues Concerning the Application of the Marriage Lawof PRC (Part Three) which have become effective on August 13th. 2o11. This newjudicial interpretation sparked heated debate among the public because it mademuch more details in the property issues during marriage or property divisionwhile divorce, especially in women’ rights and interests among the public.

In many persons’ opinions, the new judicial interpretationis an unequal law, women in China are often the caregivers to their husbandsand children; the tradition gives Chinese women less career opportunities. Forhousewives, a divorce will make them penniless, so the interpretation is toprotect men’ rights and interests.

Some person in the public think the new judicialinterpretation will force more and more females to choose the single lifebecause of the heavy burden of family and the risks of divorce. The trend willcause a lower fertility rate in aging societies.

Attorney Zhao Ningning was interviewed by Reuters(http://www.reuters.com), one of the most famous media in the world. About thepoints heatedly debated in the public, attorney Zhao Ningning expressed heropinions on the positive importance of the new interpretation.

1. The new judicial interpretation is a new and definitestandard for the disputes existing in previous judicial practice. Lacking ofthe definite instruction from the Supreme Court, the local courts always ruledthe similar or same case with different solutions, some of which have arisemany disputes in theory and practice.

2. Private property rights are protected more effectually,comparatively, in the new judicial interpretation. Private property rights arethe legal rights for natural person, which is enacted in constitution, civillaw, contract law, ect. The strength of protecting private property rights inthe judicial interpretation of marriage law manifests the spirit ofconstitution and civil law.

3. With the social development and the change of concepts,Chinese women have more and more opportunities to know and reach the world;they are changing their social roles. In the long term, it will help more andmore marital women go out of the traditional Chinese family to be moreindependent financially. That’s a way to realize the equality between man andwoman.