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《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》真的让人很纠结。有人说它厘清了婚姻中的财产关系,也有人说它将处于弱势的妇女权益弃置不顾。本是从大局考虑,要保护含辛茹苦一辈子、倾尽所有为子女购买婚房的父母的权益,却不料引发了各方强烈的争议。解释(三)一出台,各地突然涌现的房产加名潮以及南京因丈夫频频出轨、无奈起诉离婚的朱女士被扫地出门的离婚第一案等等,百态世象让立法者无言。在婚姻立法中体现民事物权法基本原则没有问题,可法律保护弱势群体的权益,更直接一点说,在离婚诉讼中对处于弱势的一方作出司法救济,这样的普世价值又该如何实现?
Supreme People's Court on the application of the “Marriage Law of the People's Republic of China,” a number of issues explained (c) "really makes people very tangled. Some people say that it clarifies the property relationship in marriage, while others say it will ignore the disadvantaged women's rights. This is from the overall situation considerations, to protect the hard life, all the rights and interests of parents for the purchase of marriage room for their children, unexpectedly triggered a strong controversy of all parties. Explanations (c) As soon as the promulgation of the prominently popular real estate in various places and the first divorce in Nanjing where the husband divorced frequently because of her husband's helplessness, Ms. Zhu who was sued for divorce, etc., the preconditions made lawmakers speechless. In the legislation of marriage, there is no problem in embodying the basic principles of civil property law, and the law can protect the rights and interests of the vulnerable groups. More directly, how should such universal values be realized in judicial remedies for the disadvantaged parties in the divorce proceedings?