Against

Lu Liangyuan

blog.voc.com.cn

The Marriage Law is aimed at protecting marriage. However, this interpretation is not protecting marriage but property, probably resulting in an increase in divorce rate. In current society where the relationships of many couples are not solid, if the law protects the one who has property, people will be more emboldened to destroy the marriage when conflicts arise.

Moreover, for many couples, there is an unwritten rule that husbands pay for the house and wives pay for the car when they get married. But if they divorce years later, their house is appreciating while their car is depreciating. Under such circumstance, is it reasonable that husband gets the house?

Tan Jun

Lawyer

Some difficulties in the legal aspects have not been solved when it comes to implementing such a regulation. For example, it is currently hard to define how much one has paid for a housing loan, in turn making it difficult to fairly divide the property when divorce takes place. Another situation is that before marriage, the couple has already had a joint bank account, but one party buys a house under his or her name after they opened this account and before their actual marriage. How should we divide the property under such circumstances?

This new regulation fundamentally contradicts the current Marriage Law, which is inclined to protect women, as well as the Property Law. According to the latter law, the transfer of real estate should be based on registration.

On the whole, it is obvious that the new interpretation is protecting personal property and is partial to those who have money. In my opinion, the law should also protect the weaker party in the marriage. 

Qiao Shan

Metropolis Ladies Newspaper

In view of a female's vulnerability, when making a law, their rights should be given special consideration. However, in this new regulation, there is no such special consideration for women. Generally in current society, when establishing a family, the male party is responsible for buying a house and the female party for other expenses in the marriage. The new regulation tends to lead to an expectation that husbands get the house and wives get nothing after divorce. In view of this, a woman's financial and energetic devotion to the family can't be properly compensated if such regulation is implemented. It is unfair to women.