久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

Global EditionASIA 中文雙語Fran?ais
China
Home / China / National affairs

Courts getting to grips with Civil Code

Legal professionals are working to refine implementation of the landmark document. Cao Yin reports.

By Cao Yin | China Daily | Updated: 2021-03-04 08:47
Share
Share - WeChat
LI XIN/CHINA DAILY

How much should a man pay his ex-wife for home chores in their divorce settlement?

Well, according to a recent court ruling, the sum is 50,000 yuan ($7,700).

Last month, Fangshan District People's Court in Beijing ordered a defendant to pay his ex-wife that amount as compensation for the housework she did during their five-year marriage.

It was the first verdict the Fangshan court had made with reference to a new legal provision-compensation for unpaid domestic duties-under the Civil Code, which took effect on Jan 1.

According to the code, a spouse is entitled to seek compensation in a divorce if he or she bore greater responsibility for raising children, caring for elderly relatives or assisting their partner's work.

Moreover, the courts should decide the amount if the two sides are unable to agree on a figure.

Media reports on the landmark ruling generated great public interest, especially after a hashtag was created on Sina Weibo, China's Twitter-like service. By Wednesday, the hashtag had been viewed 610 million times.

Meanwhile, courts nationwide have referred to the code to resolve several other civil disputes related to people's lives and work. These cases have also attracted widespread attention.

On Jan 4, Chaoyang District People's Court in Beijing heard a dispute related to a sporting injury suffered on April 28. The plaintiff, surnamed Song, had applied for compensation of 8,000 yuan from his badminton partner, surnamed Zhou.

The 74-year-old made the claim to cover medical bills and nursing fees after his right eye was injured when Zhou fired the shuttlecock at him during a game.

However, the court dismissed Song's claim because the Civil Code stipulates the application of voluntary acceptance of risk in sporting and recreational activities.

It was the first ruling the Chaoyang court had made in light of the code, and as such it attracted more than 26.4 million views on Weibo.

Wang Yi, president of the Law School at Renmin University of China, welcomed the attention these cases have generated.

"It means the code is close to people's lives and work, and truly merits the nickname 'an encyclopedia of social life'," he said. "In other words, the code, a comprehensive law that refines rules for protecting civil rights, has started to influence all aspects of our lives."

In Wang's opinion, the code will be a hot topic at this year's two sessions-the annual meetings of the National People's Congress and the National Committee of the Chinese People's Political Consultative Conference-as many legislators and political advisers will want to know if the law they approved last year is working effectively.

Heated discussions

Some rulings have triggered heated discussions, which Wang said would help promote the code to more people and lead to better implementation of the law.

In the Fangshan divorce case, the woman demanded restitution of about 160,000 yuan from her husband because he had barely done any domestic chores during their marriage.

After investigations and the case hearing, the court granted the couple a divorce and split their family properties equally. The woman was awarded custody of their son, while the man was ordered to pay child maintenance of 2,000 yuan a month.

Given that the code clarifies compensation for housework, which constitutes an intangible property asset, the court accepted the woman's claim, according to Feng Miao, the presiding judge.

However, the code does not specify the exact amount of compensation, "so it depends on the specific circumstances in each case", Feng said.

She added that she decided on 50,000 yuan after considering many things, such as the fact that the woman performed almost all such chores throughout the marriage, plus her ex-husband's income and the local cost of living.

The 50,000 yuan quickly aroused debate online, with comments ranging from praise for hard-won recognition to complaints that the sum was too small to cover the woman's years of work.

Long Jun, an associate professor of law at Tsinghua University, told China Central Television that he supports compensation for housework.

He said a spouse who works outside the family home can benefit from the resources, connections and status they gain from employment, while those who toil at home will face difficulties when they seek employment in the wake of a divorce. That means homemakers pay a hidden cost, additional to the efforts they made during marriage, he added.

Last month, Yang Xiaolin, a lawyer with the Beijing Tiantai Law Firm who specializes in marital disputes, told Beijing News that the code gives additional protection to spouses who do the lion's share of domestic chores.

He said the amount of compensation relates mainly to the time or energy expended on housework, and the educational or career opportunities the applicant sacrificed while performing the chores.

The badminton case also attracted widespread attention, with some netizens commenting that the rejection was unfair to Song.

In response, Guo Tiantian, the presiding judge, said Song was an experienced badminton player, and as such he should have been fully aware of the risks inherent in the game, which he played voluntarily. This factor led him to reject Song's claim.

With relation to Zhou, Guo explained that it is hard for people to fulfill a duty of care when taking part in sporting activities. Moreover, evidence showed that no obvious rule violations had been committed when Zhou hit the shuttlecock.

The Civil Code makes it clear that participants in athletic activities will only be held liable if they injure opponents intentionally or through gross negligence, according to the judge.

"If every player asked for payment from other participants after getting injured, it would be difficult to promote healthy and orderly sports that involve bodily contact and have the potential for disputes, such as basketball, volleyball and soccer," she said.

Guo added that the code will contribute to the promotion of a general standard in similar cases across the country.

In her view, such a timely response to people's concerns and the interpretation of verdicts is crucial "because it will help more people understand the code and tell them how to protect their rights under the law".

Constant attention

Qin Shuo, a judge at Haidian People's Court in Beijing, agreed with Guo. She said it is impossible for residents to read the 1,260-article code, "therefore, popularizing this important law on a case-by-case approach, is the best way (to familiarize people with it), I believe".

The code was passed by the NPC, the top legislative body, on May 28.

It was the first law to include the word "code" in its title since the founding of the People's Republic of China in 1949, and it is milestone legislation in advancing the rule of law and improving the socialist system of laws with Chinese characteristics, according to Li Zhanshu, chairman of the NPC Standing Committee.

As a key legal instrument to protect civil rights, the code consists of the General Provisions and six other sections that cover property, contracts, personality rights, marriage and family, inheritance and torts.

Soon after the code was adopted, Qin's division in the court, which hears cases related to juveniles, took the initiative to introduce the code in certain cases. "We wanted to gain experience of its implementation and help improve people's legal awareness," she said.

For example, the code has lowered the age of civil responsibility to 8 from 10, so the judge canvassed the views of a 9-year-old girl whose parents were engaged in a custody battle.

Qin has also paid attention to cases resolved by other courts in line with the code, including some related to dropping or throwing objects from tall buildings and financial loan contracts.

"The law will further affect people's lives as more cases emerge," she said.

Fu Yuhang, an NPC deputy from Sichuan province, said that when she attends the NPC's annual session-which is scheduled to open on Friday-she will focus on the implementation of the code, especially on how the courts protect personal information and fight online rumors.

Li Zongsheng, an NPC deputy from Liaoning province, said: "The law's implementation is just beginning, and more queries will appear in its application. That will require us to solve them by improving the code or via judicial interpretations and supporting measures."

Wang, from Renmin University of China, agreed. "The code is the foundation of our civil legal system, which means those making and amending more civil laws will use it as a point of reference," he said.

"Discussion of the code and its implementation will continue."

Top
BACK TO THE TOP
English
Copyright 1994 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
 
久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

    国产l精品国产亚洲区久久| 亚洲综合色在线观看| 国产九九热视频| 无码av天堂一区二区三区| 亚洲国产日韩欧美在线观看| 日韩视频在线视频| 色综合五月婷婷| 黄色国产小视频| 福利视频一二区| 大桥未久一区二区| 亚洲欧美偷拍另类| 欧美成人免费高清视频| av女优在线播放| 亚洲美女自拍偷拍| 午夜剧场在线免费观看| 成人三级视频在线播放| 日韩视频在线视频| 男女裸体影院高潮| 亚洲一区二区福利视频| 国产免费人做人爱午夜视频| 欧美乱大交xxxxx潮喷l头像| 日本女人高潮视频| 国产一级片中文字幕| 高清一区二区视频| 欧美一级片中文字幕| 妞干网在线视频观看| 99re6这里有精品热视频| 亚洲综合20p| 日韩va在线观看| 狠狠躁狠狠躁视频专区| 青青在线视频免费| 日韩av一二三四| 男人操女人逼免费视频| 亚洲中文字幕无码av永久| 毛片在线视频观看| 在线观看17c| 日本国产中文字幕| 国产爆乳无码一区二区麻豆| 久久福利一区二区| 久草视频这里只有精品| 大荫蒂性生交片| 日韩欧美精品免费| 亚洲熟妇无码另类久久久| www.av片| 成人在线免费观看av| 国产黄色一级网站| 国产成人亚洲精品无码h在线| 日本精品免费在线观看| 天天摸天天碰天天添| 中文字幕乱码人妻综合二区三区| 黑森林福利视频导航| 日本精品久久久久中文字幕| 999在线免费视频| 中文字幕第17页| 国内精品国产三级国产aⅴ久| 99九九精品视频| 影音先锋男人的网站| 免费极品av一视觉盛宴| 欧美视频免费看欧美视频| 国产精品无码av在线播放| 国产成人精品视频免费看| 日韩有码免费视频| 男生操女生视频在线观看| 天堂av免费看| 成人免费毛片在线观看| 欧美三级一级片| 一区二区三区入口| 一级 黄 色 片一| 激情视频小说图片| 国产精品333| 岛国毛片在线播放| 99re8这里只有精品| 国产69精品久久久久久久| 乱子伦视频在线看| 午夜激情视频网| 精品无码国产一区二区三区av| 无码人妻h动漫| 亚洲午夜激情影院| a级免费在线观看| 成人小视频在线看| 北条麻妃亚洲一区| 日韩五码在线观看| xxx国产在线观看| 久久久久久久久久伊人| 男女曰b免费视频| 9999在线观看| 国产无套内射久久久国产| 色一情一区二区三区| 人妻av无码专区| 亚洲欧美自偷自拍另类| 视色,视色影院,视色影库,视色网| 国产精品专区在线| 精品综合久久久久| 国产真人做爰毛片视频直播| 免费看国产黄色片| 97中文字幕在线| 亚洲第一狼人区| 国产v片免费观看| 小早川怜子一区二区三区| 免费一级特黄毛片| 在线观看日本www| 日韩黄色片视频| 国产在线拍揄自揄拍无码| 欧在线一二三四区| 日韩久久久久久久久久久久| 天天色综合天天色| 国产黄视频在线| 日韩精品福利片午夜免费观看| 国产男女激情视频| 国产夫妻自拍一区| 色网站在线视频| 麻豆传传媒久久久爱| 国产91沈先生在线播放| 毛片毛片毛片毛| 亚洲国产精品毛片av不卡在线| 18黄暴禁片在线观看| www.成人黄色| 亚洲一二三区av| 久久国产成人精品国产成人亚洲| 午夜啪啪福利视频| 亚洲视频一二三四| 国产黄色特级片| 日本www在线视频| 国产精品videossex国产高清 | 日韩欧美色视频| 好男人www社区| 99精品人妻少妇一区二区| 国产精品免费看久久久无码| 九九九九九九九九| 天天爽人人爽夜夜爽| 无码精品a∨在线观看中文| 日本天堂免费a| 特级黄色录像片| 91小视频在线播放| 91蝌蚪视频在线观看| a√天堂在线观看| 国产高清av在线播放| 精品无码av无码免费专区| 亚欧精品在线视频| 国产精品嫩草影视| 亚洲老女人av| 自拍偷拍 国产| 中文字幕欧美人妻精品一区| 国产精品333| 亚洲中文字幕无码专区| 日韩国产一级片| 国产www免费| 国产精品久久久久9999爆乳| 成人一区二区av| 屁屁影院ccyy国产第一页| 路边理发店露脸熟妇泻火| 国产欧美自拍视频| 777久久精品一区二区三区无码 | 91高清国产视频| 91插插插插插插插插| 亚洲国产精品三区| 中文字幕第100页| 亚洲色图偷拍视频| 伊人五月天婷婷| 天天综合五月天| 欧美一区二区三区综合| 欧美黄色免费网址| 国产3p露脸普通话对白| 欧美精品99久久| www.日日操| 久热在线视频观看| 亚洲欧美一二三| 99久久免费观看| 日韩avxxx| 五月婷婷狠狠操| 欧美大片久久久| 男女啪啪免费观看| aa视频在线播放| www日韩视频| 中文字幕日韩综合| 永久免费看av| 自拍日韩亚洲一区在线| 黄色高清无遮挡| 羞羞的视频在线| 在线a免费观看| 欧美又粗又长又爽做受| 日本精品一区二区三区四区| 亚欧美在线观看| 欧美日韩一区二区三区电影| 成年女人18级毛片毛片免费| 女人天堂av手机在线| 男女男精品视频站| 看一级黄色录像| 欧美精品一区免费| 日本肉体xxxx裸体xxx免费| 99亚洲精品视频| 欧美成人免费在线观看视频| 亚洲视频在线观看一区二区三区| 国产性生活一级片| 国内精品在线观看视频| 色哟哟精品视频| 99久热在线精品视频| 国产成人久久777777| 一级黄色免费在线观看| 久久综合九色综合88i|