Nov
19
2017

The transfer of property to cleanse the family how bright imjpmig

"The transfer of property to cleanse the family" I came on again recently, the Supreme People’s Court issued the fourteenth batch of 5 guiding cases, reference for all levels of people’s court trial of similar cases. Among them, the guidance of case No. 66, Lei Moumou song song Moumou divorce dispute case, become the focus of public concern. In fact, in this case the marriage is a party during the divorce proceedings or divorce proceedings, concealment, transfer, sale or destruction of the couple’s joint property, or forges debts in an attempt to seize the property of the other party, divorce division of jointly owned property, in accordance with the provisions of the "People’s Republic of China marriage law" article forty-seventh or less regardless of the property. Many media directly interpret as "transfer of property to cleanse the family" has become a clear judicial precedent. Strictly speaking, this is the public opinion on the judiciary will be wrong, a lawsuit. Because the supreme law said very clearly: the guiding case from the marriage law of the legislative purpose and intent of the provisions of the "marriage law" article forty-seventh "divorce" to make a reasonable explanation, is conducive to the disciplinary illegal infringement of matrimonial property, protect the legitimate property rights of family members. And throughout the case judgment, the parties have no one to "cleanse the family". In addition, retrieval of news found throughout the last year is similar to "divorce his wife before secretly removed 47 thousand yuan deposit, the court: This is the transfer of property, you can only seven thousand" news for public law. Then, the method has the reason, the public why still want so "wrong" to rush about telling the news around spreading? I am afraid that I can not do without the anxiety of the dual reality. Despite the gossip and rumors about the matter, but also forced the public to think about a real problem: if any of the parties to the marriage in divorce results had psychological expectations after the deliberate transfer of property, and if the rigid law lacks a clear judgment, "no good deed goes unpunished"? This kind of moral anxiety need to be doubts and response in the judicial level. Two is the legal theory of anxiety. The "marriage law" provisions of article forty-seventh, "at the time of divorce, one party conceals, transfers, sells or destroys the common property of the couple, or forges debts in an attempt to seize the property of the other party, the division of jointly owned property, the concealment, transfer, sale or destruction of matrimonial property or counterfeit debt can be less or a party no." So, what is the concept of time when divorce? The law is not very clear. Therefore, in the network in question, like "how to transfer the property before the divorce, divorce before each other intentionally do the transfer of property and other issues, the issue must be in full swing to become a reality. Now, the Supreme Court issued guidance case, although this is a "small property" decision, but still allow people to transfer property, cleanse the family pleasure that Benedict ran. Not long ago, the Ministry of Civil Affairs announced the "2015 social service development statistical bulletin" shows that: in 2015, according to the law Chinese divorcing a total of 3 million 841 thousand of the crude divorce rate of 2.8 per thousand. In 2002 Chinese crude divorce rate is only 0.90 per thousand compared to 13 years, China crude divorce rate is increasing year by year. Blame social software or attributed to the people in it…… With the divorce rate is increasing year by year results to reveal all the details of the judicial system to defend the marriage is.相关的主题文章:

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