The contradiction and integration research between the existing law and the new period marital disputes settlement in countryside—From the perspective of housing ownership in divorce cases
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DOI: 10.25236/iwass.2018.235
Corresponding Author
Wang Hongbo
Abstract
The existing law has made relevant provisions on the identification and division of marital property in divorce cases. However, the disparity between urban and rural areas is still evident in today's society. The rural areas are different from cities determined by the real conditions and living backgrounds. It is difficult to find a clear legal basis for divorce cases involving property division in rural areas, especially for the housing ownership in rural, which reflects the contradiction between the existing law and the settlement of rural marriage disputes in the new period. Based on the investigation and analysis of the handling of rural divorce cases in a grass-roots people's court in Jiujiang City in the past three years, this paper selected typical divorce cases involving the housing ownership. and through case analysis, it pointed out the disputes about the application of law, and then presented difficult problems in the rural grass-roots judicial practice.
Keywords
Rural, Divorce, Housing Ownership,Identification, Division