Marriage laws are not conducive to women

The Marriage Law is not conducive to women

The Marriage Law is not conducive to women. As a relatively vulnerable group, women are often unable to safeguard their legitimate rights and interests, so at this time they must take up the law. Weapons to protect one's own rights. But I heard that marriage laws are not conducive to women. Is this true? The Marriage Law is Unfavorable to Women 1

1. The disadvantages of the new Marriage Law to women

Starting from January 1, 2021, the "Civil Code" will be officially implemented, and the "Marriage Law" will be abolished at the same time.

The provisions of the "Civil Code" are not disadvantageous to women. Not only does it reflect the complete equality between husband and wife, the law clearly stipulates that husband and wife should be loyal to each other and respect each other. Marriage must be completely voluntary for both men and women. After the marriage is registered, according to the agreement between the man and the woman, the woman can become a member of the man's family, and the man can become a member of the woman's family.

The property rule is that husband and wife have equal rights to handle property owned jointly. There are also provisions that are beneficial to the wife. For example, it is stipulated that the man shall not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. It also stipulates that when the husband and wife fail to reach an agreement on sexual and property rights during divorce, the people's court shall make a judgment based on the specific circumstances of the property and taking into account the rights of the children and the woman. Here's what the law says.

Article 1082 of the "Civil Code" The man shall not file for divorce while the woman is pregnant, within one year after giving birth, or within six months after the termination of pregnancy; however, if the woman files for divorce or the People's Court Exceptions will be made if it is deemed necessary to accept the husband's request for divorce.

Article 1,087 When divorcing, the husband and wife’s separate property shall be handled by agreement between the two parties; if the agreement cannot be reached, the people’s court shall take care of the children, the wife and the widow according to the specific circumstances of the property. Principle judgment on the rights and interests of the at-fault party.

The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.

2. The Civil Code’s determination of the same property between husband and wife

The following properties acquired by husband and wife during the marriage relationship, such as wages and bonuses, income from production and business operations, etc. , owned jointly by the husband and wife. This provision shows that our country’s property system for the equalization of property between husband and wife adopts the system for the equalization of income after marriage, that is, during the duration of the marriage, unless the individual’s unique property and the husband and wife have otherwise agreed, the income earned by both spouses or one party shall be the same. Property is owned jointly by husband and wife, and both husband and wife enjoy equal property ownership. The "***" and "all" here refer to "*** and ***", not "shared" by share.

According to the provisions of this article, my country’s marital union property has the following characteristics:

1. The subjects of the marital union property are the husband and wife who are in a marital relationship. Men and women who form a marriage relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as men and women whose marriage is invalid or revoked, cannot become the subject of the joint property of husband and wife.

2. The joint property of husband and wife is the property acquired during the marriage relationship. The property before marriage does not belong to the joint property of husband and wife. The duration of the marriage relationship starts from the date of legal marriage and ends with the death of one spouse or the date of divorce.

3. The source of the joint property of husband and wife is the property obtained by both spouses or one party, including property obtained by the husband and wife through labor, and other legal property not obtained by labor. Of course, the law directly Exceptions are those that are stipulated as personal property and those that are agreed upon by husband and wife as personal property.

The "income" mentioned here refers to the acquisition of property rights and does not require actual possession of the property. If one party obtains a certain property such as royalties before marriage, but does not actually obtain it, but in The publishing house only pays the manuscript fee after the marriage. At this time, the manuscript fee does not belong to the joint property of the husband and wife. In the same way, if the publishing house agrees to pay a royalties after marriage but does not receive the royalties until the marriage is terminated, then the royalties also belong to the joint property of the couple.

4. Husband and wife have equal ownership of the same property. Both parties enjoy the same rights and bear the same obligations. Husband and wife have equal rights to dispose of property owned jointly by husband and wife. In particular, the disposal of the joint property by one spouse must obtain the consent of the other party, unless otherwise agreed.

5. Property that cannot be proven to belong to one spouse is presumed to be the joint property of both spouses. The Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases Heared by People's Courts" stipulates: "If it is difficult to determine whether personal property or joint property of husband and wife, the party claiming rights has the responsibility to provide evidence. The party concerned cannot provide strong evidence. If the evidence cannot be verified by the people's court, the property shall be treated as separate property of husband and wife."

This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Any property that is not proved to be the personal property of one spouse shall be deemed to be the joint property of the spouses."

6. Divide the property of the spouses. *Same property should be divided equally in principle. According to the actual needs of production and life, the source of the property, etc., the matter shall be handled by agreement between the two parties. If an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the children and the woman.

7. If one spouse dies and the estate is divided, half of the joint property of the spouses should first be divided into the possession of the other spouse, and the remaining property shall be the estate of the deceased and shall be handled in accordance with the inheritance law.

The law is fair. It is fair to both women and men, so everyone must also believe in the law. The law will not harm the legitimate rights and interests of any party, so there are disadvantages to the woman. , the introduction of the Civil Code is to be more fair and just and ensure fairness and justice. Marriage Law Is Not Conducive to Women 2

1. The impact of the new marriage law on women: Why is China’s new marriage law so unfair to women?

The new marriage law indirectly does not recognize women’s contribution to the family, the physical harm and career sacrifices caused by having children. What Marriage Law Means to Women.

The new marriage law forces women to think: if there is no home, the woman will have nothing, the woman’s efforts will be in vain, and the woman’s sacrifice will not be worth mentioning. Then, if a man cheats in the future , or if you really can't live on anymore and a woman needs a divorce, she will need you to solve your future survival problems.

The new marriage law requires all women to decide whether to get married before they get married. If the marriage is not satisfactory and you face divorce, can you bear that you will get nothing after spending your emotions and youth. In other words, youth is gone, second marriage, not much personal property, no house. Why is the new marriage law bad for women?

The new marriage law allows all women to think about whether to have children and how many children to have before they have children. Having children will cause physical harm to women, and children require a huge amount of energy from the mother. The impact is more serious. To give birth or not? How many children? You have to think about how many children you can raise independently when you get divorced yourself?

The original intention of the new marriage law is to crack down on mistresses, but most of the responsibility for the problem of mistresses lies with the married man who cheated on him, because he is married and needs to be faithful to the marriage. He has already made a mistake by cheating on him in marriage, and the new marriage law The marriage law is harsh on women and completely ignores the responsibility of men for cheating. In fact, what I want to know more is what kind of group of people formulated the new marriage law.

Every woman hopes to fall in love purely and live together happily, rather than thinking utilitarianally when falling in love: Can I get married? How do I escape from a marriage without getting hurt if this man is me? If I have children, should I have children? How will the children and I survive after having children?

What are the disadvantages of the new marriage law to women?

This marriage law encourages men to be irresponsible to their families, and it is women who are punished after men make mistakes.

The new marriage law has deprived women who have made huge contributions to their families not only without the sense of security and protection they deserve, but also been hit hard.

The new marriage law wants women to be independent, separate from the family, and become strong women. Don’t use the rules of a good wife and mother to judge a woman’s quality, and don’t impose the task of childbearing on women. Instead, Let them compete with men in the workplace. If you want women to return to the family, sacrifice their personal interests, and have children, you must provide them with a safe environment and living space, and don't make them so anxious about these issues.

Scholar Hu Shi once said: "When you look at a civilization, you only need to examine three things: see how they treat children; second, see how they treat women; third, see how they use Leisure time. ”

2. The impact of the new marriage law on women: What are the advantages and disadvantages of the new marriage law for women?

Nowadays, in most families, the man leaves the house, and the new marriage The real disadvantage for women is that "men cheat" if they don't have children. I've seen too many examples of men cheating on women during pregnancy. This situation should be analyzed in detail. Regardless of whether the man cheats or the woman cheats, she should be punished accordingly. If a man cheats, the woman will not have any protection after marriage with the child;

Women get married after cheating Don’t have any complaints; one more thing: My parents say that it is easier for a man to find a woman after a divorce. If a woman remarries after a divorce, she will basically lower her standards to find a partner (if you don’t believe me, you can ask your parents, most of them are really like this) ) But it is also good for women, that is, they must be independent and refuse to be full-time housewives after marriage. They must have their own work and space regardless of whether they are married or not. Developing good habits of independence is good for their lives.

Self-reliant women are the most beautiful. You must carefully consider having children. Unless you really wait until the day of divorce to support the children independently, don’t think about pushing the children to the man. A man will never be able to raise a child without you. Take good care of yourself and don't let yourself regret that new marriages have caused a large number of women to stay unmarried. The Marriage Law Is Not Conducive to Women 3

China’s Marriage Law Is Not Conducive to Women

In fact, the new Marriage Law is really detrimental to women’s rights. The new Marriage Law is disadvantageous to women. First, let’s talk about Let’s talk about those who are married now. The new law has been adopted. Everyone should know that the man buys a house and the woman pays for decoration or buying a car. This is where most traditional new marriage laws are disadvantageous to the woman. So women 1. What are the disadvantages of the new marriage law to the woman in 2021? From January 1, the new marriage law protects women, the "Civil Code" will be officially implemented, and the "Marriage Law" will be abolished at the same time.

The provisions of the "Civil Code" The Civil Code is unfair to women and has no disadvantages to women. It not only reflects that husband and wife are completely equal, the law clearly stipulates that husband and wife should be loyal to each other and respect each other. marry.

The Civil Code recognizes the same property between husband and wife. Is the following property acquired by husband and wife during the marriage legal? Such as wages and bonuses, income from production and business operations, etc., shall belong to the husband and wife* **Same as all. This provision shows that our country’s property system for the equalization of property between husband and wife adopts the equalization system for income obtained after marriage, that is, during the duration of the marriage relationship, except for individuals.

The provisions of the new marriage law are not disadvantageous to women. The provisions of the new marriage law not only reflect the complete equality between husband and wife, the law clearly stipulates that husband and wife should be loyal to each other and respect each other. Marriage must be completely voluntary by both men and women. Why does China's marriage law not protect women?

After registering the marriage, according to the rules for both men and women, for example, if you don’t buy a house, you won’t have children; for example, after the wife discovers that her husband is cheating, various murders occur. This is directly related to the lack of protection for women in the marriage law. Of course, distorted housing prices are also an important inducement. Many people ask me why the marriage law was changed.

Hey, isn’t that weird? When a man cheats, it is the fault of the man and his mistress. They both hurt the woman who is his wife. As a result, not only did the two of them not get any punishment, they also got a house and a car for no reason.

China’s marriage law blatantly supports men’s cheating. The unfairness of the new marriage law to women is reflected in the challenge to traditional marriage. What has been passed down through the ages is that the man’s family buys a house (regardless of whether The new marriage law traps women into living in the man’s house and having children, whether it’s a new house (whether it’s an old house at home), according to the new law.

What are the disadvantages for women under the new marriage law? Special guest Chen Fuzhong, senior partner of Shanghai Shenheng Law Firm, consulted TA. The provisions of the Civil Code and marriage laws are becoming more and more unfavorable to women, which not only reflects the complete equality between husband and wife.

The law clearly stipulates that couples should think in advance. The new marriage law forces women to think in advance: without this family, women will have nothing, and women’s efforts will be in vain. The new marriage law will cause a large number of men to remain unmarried, and women’s The sacrifice will not be worth mentioning. Then, if a man cheats on him in the future, or he really can't survive, a woman needs to.

After the new judicial interpretation was released, many self-media and individuals discussed how the new marriage law is unfavorable to women. This argument is wrong. Anyone who stipulates that buying a house before or after marriage must be a man. And what about male parents?

Especially many people born in the 80s and 90s who are single. However, the answer is that the current new marriage laws are different from before. Why does the new marriage law not protect women after divorce? They are increasingly in a disadvantaged position in property distribution. . And many women lament: Marriage demands too much from women. It's okay if you meet a good man. In the past few years when you had children, he didn't.