The Third Session of the Thirteenth National People's Congress will be held soon, and review of the draft civil code is an important agenda for this conference. Yesterday, the National People ’s Congress representative Jiang Shengnan said in an exclusive interview with the Beijing News that she intends to submit a proposal to delete the relevant provisions of the draft civil code for the divorce cooling-off period. Pay the bill. " In addition, regarding the copyright format contract and other issues, Jiang Shengnan also expressed his views.
The result of the "divorce cooling-off period" may be counterproductive
Beijing News: What proposals and suggestions do you intend to submit for this Congress?
Jiang Shengnan: I plan to submit eight suggestions, including the suggestion that Article 1077 of the Civil Code should be deleted: the "divorce cooling-off period"; the proposal to call for the introduction of copyright format contracts as soon as possible.
Beijing News: Why do you propose to delete the "divorce cooling-off period"?
Jiang Shengnan: Article 1077 of the draft Civil Code stipulates that “within 30 days from the date when the marriage registration authority receives the application for divorce registration, any party who is unwilling to divorce may withdraw the application for divorce registration from the marriage registration authority. The preceding paragraph stipulates 30 Within a few days, both parties should go to the marriage registration authority to apply for the issuance of a divorce certificate; those who do not apply shall be deemed to withdraw the application for divorce registration ", which is the" thirty-day divorce cooling-off period "that is hotly discussed in the society, which was not in the previous marriage regulations. The emergence of this clause has caused great controversy in the society. The original intention of this clause was to prevent the parties from rash and impulsive divorce and maintain family stability. However, the marital problems of very few people force the vast majority of people to pay for this, and are forced to prolong the pain in a marriage that has been confirmed to fail. It may even intensify conflicts and increase artificial conflicts, which may well be counterproductive to good intentions.
Beijing News: Do you think the divorce cooling-off period is "force the overwhelming majority of people to pay for this with the marriage problems of very few people?"
Jiang Shengnan: According to relevant surveys such as the “2016 China Marriage and Love Survey Report”, less than 5% of people who get divorced and divorced and sloppyly married and divorced, the vast majority of people have decided to make major marriage decisions after careful consideration. The law should not use the situation of a small number of people to treat the entire group who want to divorce. The impulsive divorce should not be allowed to cool down, and the rights of nearly 95% of other divorced parties should be ignored. There is no reason for all divorced parties to pay for this very small number of people and increase the pain.
If all employees are forced to implement a "divorce cooling-off period", the one-month divorce cooling-off period is likely to cause greater suffering for the disadvantaged party. For example, one party uses the "divorce cooling-off period" to hide, transfer, sell or destroy common property; malicious borrowing or collusion with relatives and friends to forge a loan note and create common debt; intensifying acts of violence, abuse, serious threats, etc., destroying derailment, evidence of domestic violence, etc , Putting the vulnerable party in a desperate situation.
Beijing News: Some scholars explained that the "divorce cooling-off period" is aimed at divorce by agreement, domestic violence, abuse and drug abuse, which can be resolved through litigation.
Jiang Shengnan: Although there are provisions for bigamy, domestic violence, abandonment, abuse, etc., it is not necessary to set a "divorce cooling-off period", but how to judge whether this family should set a cooling-off period, and what are the standards? Who will determine? Unable to implement, it is also easy to cause the abuse of discretion. Furthermore, because of the influence of the traditional notion of civil housework to avoid litigation and fear of litigation, there are few cases of divorce. In addition, the divorce lawsuit still has the reality of "prolonged judgment" and "majority dismissal". When the divorce lawsuit is so difficult, artificially increasing the difficulty of divorce by agreement will easily cause more social problems.
Beijing News: Is there any other reason?
Jiang Shengnan: To force all people to enter the "divorce cooling-off period" is a departure from the right to marital freedom and a deprivation of citizens' ability to take responsibility for their self-responsible behavior.
"Divorce cooling-off period" may also lead to a decrease in the marriage rate and fertility rate. According to the statistics of the 2018 Civil Affairs Development Statistical Bulletin, since 2014, China's marriage rate has been declining year after year, from 9.6 ‰ to 9 ‰, 8.3 ‰, 7.7 ‰. In 2018, it reached a new low, only 7.3 ‰. In any relationship mode, if there is only a smooth entry mechanism and no smooth exit mechanism, it will affect people's willingness to enter and make people cautious. The same is true of marriage. When the cost of divorce becomes higher and it becomes impossible to say that you can divorce, but torture after a month-long divorce cooling-off period, for those who want to enter the marriage, there is no doubt that the possibility of deterrence increases.
Disputes over copyright attribution in the field of web and literature affect the creative ecology
Beijing News: What are your suggestions about copyright format contracts?
Jiang Shengnan: I suggest that you can learn from other industry experiences, such as the current housing sales contract, labor service contract, etc., the government management department will intervene, launch a format contract that relatively protects the equal rights of the author and the company, record and confirm the power, and clarify the management department ’s Significant role in signing and type of contract in copyright format.
Beijing News: Is there a big problem with the web contract?
Jiang Shengnan: At present, there is actually a "format contract" in the field of online texts, that is, the major web site and the author's online text update sharing contract. The original version of this contract is very simple, that is, the author uploads the work on the platform, and the platform is divided into five or five with the author according to the purchase amount of the reader. To a certain extent, it plays a good role in promoting network literature. However, with the passage of time, Party A upgraded the new version every year, eroding the author's rights step by step until it caused a large-scale rebound of the author.
In recent years, there have often been litigation disputes between authors of online literature and film and television production companies, websites, platforms, etc., infringing authors ’rights. The reasons are mostly the copyright attribution disputes and unclear distribution of benefits caused by unclear contractual agreements. Creators are disadvantaged individuals. Once infringement is involved, it is often difficult to defend their rights when facing strong platform parties and film and television parties. In the long run, the creative ecology of the entire web culture circle will be destroyed.
I hope my story takes readers into an unfamiliar historical era
Beijing News: Your work "Yanyuntai" won the "2019 Chinese Good Book". What kind of story does this work tell?
Jiang Shengnan: "Yan Yuntai" tells the story of Xiao Yanyan, a female politician from the Liao Dynasty and the queen empress of Liao Dynasty who was regent in both Jingzong and Shengzong dynasties. In the evaluation of Liao Kingdom, Xiao Yanyan's regency period was the most highly evaluated period, in which minority cultures were integrated into the Chinese family. There are two clues in the novel. One clue is to show the process of Liao Kingdom from Yelv Abaoji to Liao Shengzong. The upper class nobles and the Han elite of Liao Kingdom jointly promoted the process of sinicization; The love story of the minister Han Derang and the love story of the political alliance Liao Jingzong Yelvxian. After Xiao Yanyan became a queen mother, she married herself to Han Derang with a private wedding. After her death, Han Derang's tomb was next to her tomb.
Beijing News: "Yueyue Biography" and "Yanyuntai" are the growth history of girls. In the words of netizens, it is "big heroine". Do you like to tell the story of the big heroine?
Jiang Shengnan: First of all, I did n’t want to write characters, I wanted to bring the Spring and Autumn Period and the Song and Liaoxia eras to readers, but just let the readers enter the era in the form of storytelling that the readers like. I pay more attention to let readers walk into that period of history, not just give readers a story. The story is a boat. I actually hope that readers will see the river on this boat.
So why are "Yueyuezhuan" and "Yanyuntai" both "big heroines", about life experiences from girls to queen mothers? In fact, if you start with a certain life experience from the protagonist and describe a strong drama conflict, it will be easier for me to create and better to write, but such creation is not enough to bring in a sense of time and culture. Cut in from a child's point of view and bring the sense of time and culture to the reader with the child's eyes. It also has a sense of substitution and can better show that historical period.
Beijing News: What are you going to write next?
Jiang Shengnan: What I want to write is the Song Liaoxia series, followed by Xixia. Then I want to write a story about a little boy, a historical figure who has not yet been written by anyone in the field of literature. I don't want to fry others' cold meals, so Mian Yue or Xiao Yanyan, there are not many works that used them as the protagonists. I hope to use my story to take readers into a historical era that I was not familiar with before, that is, I want to bring you a new river.
Beijing News: You are from the school finance and accounting, why do you have a soft spot for historical subjects?
Jiang Shengnan: I want more people to understand our ancestors and our history and culture. The historical theme allows me to find excitement.
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In any relationship mode, if there is only a smooth entry mechanism and no smooth exit mechanism, it will affect people's willingness to enter and make people cautious. The same is true of marriage. When the cost of divorce becomes high and it becomes impossible to say that you can divorce, but torture after a month-long divorce cooling-off period, for those who want to enter the marriage, there is no doubt that the possibility of deterrence increases. ——Jiang Shengnan
Beijing News reporter Wang Shu