Chinanews.com, Hengyang, January 1st (Xia Shang) On January 1st, the People's Court of Hengyang County, Hunan Province issued a "Common Property Declaration Order for the Parties to a Divorce Case" to both parties in a divorce dispute case.
This is the country's first "marital property declaration order" after the newly revised "Law of the People's Republic of China on the Protection of Women's Rights and Interests" came into effect.
In this case, the plaintiff, Fan Moumou, and the defendant, Chen Moumou, were unable to continue living together due to their long-term separation, resulting in disharmony between the husband and wife, so they requested the court to decide to divorce the defendant.
At the same time, the plaintiff Fan Moumou also requested the court to divide the common property of the plaintiff and the defendant during the duration of their husband-wife relationship.
According to the newly revised "Law of the People's Republic of China on the Protection of Women's Rights and Interests", Article 67, paragraph 2: "During the divorce proceedings, both husband and wife have the obligation to declare to the people's court all the joint property of the husband and wife..." issued by the Hengyang County Court The "Community Property Declaration Order of Husband and Wife" is a specific innovative measure introduced according to this new regulation, which effectively solves a long-standing problem in the judicial practice of divorce proceedings.
At the same time, it also means that property declaration will officially become an important part of divorce dispute cases.
It is understood that in the past divorce cases, it is not uncommon for one party to conceal the joint property of the husband and wife. In addition, in daily life, the income and property of the other party are not well understood, which makes it difficult for the court to carry out the property investigation work smoothly. cannot be effectively guaranteed.
This time, in order to fully implement the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", the People's Court of Hengyang County has successively studied and formulated the "Common Property Declaration Order for Parties in Divorce Cases", "Common Property Declaration Form for Parties in Divorce Cases", "Letter of Commitment", etc. A series of legal documents will be served at the same time as the notification of acceptance of the case and the notification of response to the divorce litigation, clearly informing the parties of the relevant requirements for filling out, rights and obligations, and the legal consequences of not truthfully reporting.
The implementation of this system will not only help the people's courts to verify the property status of the parties to the maximum extent, ensure that the issue of division of joint property between husband and wife in divorce cases is handled fairly according to law, but also help save litigation costs and promote honest litigation by the parties.
Hu Yuqing, a professor at the Law School of Xiangtan University, a doctor of law, and a doctoral supervisor, pointed out that the joint property declaration system for parties involved in divorce cases is a highlight of the revision of the Law on the Protection of Women's Rights and Interests, which will help to effectively protect women's legitimate rights and interests.
The Hengyang County Court issued the country's first "Common Property Declaration Order of Husband and Wife", which has a symbolic significance in China's family trial system and embodies the noble feelings of justice for the people.
(use up)