Inappropriateness of the 11th Article of the Most Recent "Marriage Law Explanation (III)": From a Perspective of "Protecting the Other's Rights and Interests Inside the Joint Property of Marriage"
WU Xue-hua
Department of Rights and Interests at the All-China Women's Federation, Beijing 100730, China
Abstract:This paper uses definitions of the Constitution to analyze the extent to which the 11th Article would encroach on the other's rights and interests inside the joint property of marriage as well as related uncalled for use of judicial resources increasing social instability. It insists on the supreme authority of the Constitution and special law over general laws and legal rulings of encroachment as illegal conduct, and upholds justice and law in protecting women's lawful rights and interests so as to promote an enabling social environment for safeguarding women's rights and interests and social stability and harmony. It suggests changes or removal of the 11th Article of the Marriage Law Explanation (III).
吴学华. 商榷“婚姻法解释(三)”第十一条规定之不适当——基于“对夫妻共有产权另一方权益保护”视角[J]. 妇女研究论丛, 2011, 0(5): 54-57.
WU Xue-hua. Inappropriateness of the 11th Article of the Most Recent "Marriage Law Explanation (III)": From a Perspective of "Protecting the Other's Rights and Interests Inside the Joint Property of Marriage". , 2011, 0(5): 54-57.