Fujian's legislation guarantees "her rights" and does not exclude "his rights"
2024-04-15 14:55:31  Author: Source: Southeast Network Editor in charge: Zhuo Zhimu

On April 13, Southeast Network (reporter Feng Chuanye) On March 27, the Ninth Meeting of the Standing Committee of the 14th People's Congress of Fujian Province passed the Regulations of Fujian Province on the Protection of Women's Rights and Interests, which will come into force on June 1, 2024. Article 45 of Chapter VI of the Regulations clearly states that "women can apply to real estate administrative management, vehicle management and other units to inquire about the spouse's property status according to law with valid certificates of marital relationship such as ID card, residence booklet and marriage certificate, and relevant units should accept and issue corresponding written materials for them". Recently, this clause has aroused public debate and hot search, The reporter interviewed many experts and scholars on this issue.

Professor Liu Chao, Dean of the Law School of Huaqiao University, believes that, "With the development of the times, the composition of the joint property structure of husband and wife shows a trend of more diversification. The existing inquiry system is scattered in different laws and regulations, which is not conducive to the actual implementation of the system. It is also lack of operability in practice. Many people do not know or even know that they still have this right, let alone use this legal weapon to protect and defend their own Legal rights and interests. In fact, it can be suggested that the national level should take overall consideration and make unified provisions on the subject, principle, type, requirements and connection with other laws and regulations of the property inquiry system, so as to make the system more perfect and operational. "

"Querying property is' her right 'as well as' his right'." Professor Wang Shujuan, director of the Administrative Law School of Fujian Jiangxia University Law School, pointed out that "Article 218 of the Civil Code of the People's Republic of China stipulates that 'obligees and interested parties can apply for querying and duplicating real estate registration materials, and the registration agency should provide them. ’Therefore, the right of 'women can inquire about their spouse's property according to law' was not created in Fujian Province, and this provision has a clear legal basis. It can be seen from the provisions of the Civil Code that the subject of property inquiry is not limited to men and women. Only the regulations, as local regulations for the protection of women's rights and interests, make provisions from the perspective of protecting women's rights and interests, which will not deny or affect the legitimate rights of men, nor violate the principle of equality between men and women. " Professor Wang Shujuan further stressed that "the most important thing is that this provision is not an unconditional inquiry. In addition to having valid certificates to prove the relationship between husband and wife, women must also comply with the clear premise of" according to law "inquiry, that is, they should make inquiries according to the provisions of existing laws and regulations on property inquiry and the requirements of legal procedures. For example, the information about real estate, whether men or women, should be inquired in accordance with the provisions of the Provisional Regulations on Real Estate Registration and the Detailed Rules for the Implementation of the Provisional Regulations on Real Estate Registration. "

Jiang Xiaoxian, associate professor and doctoral supervisor of Xiamen University, and executive director of the Legislative Research Center of Xiamen University, also paid attention to this hot search, and believed that "the hot search for women's rights and interests protection legislation, and the public's learning to popularize and understand the use of the law in the hot search, is an inevitable trend in the Internet era, and also a manifestation of the rule of law society. The popularity of legislation shows that with the continuous progress of the basic strategy of comprehensively governing the country according to law, the socialist system of rule of law has been constantly improved, the concept of rule of law has been deeply rooted in the hearts of the people, the overall awareness of the rule of law in society has been greatly enhanced, and the enthusiasm for participating in politics and deliberation is increasing. " He believes that for the legislature, the process of legislative discussion is not only the process of popularizing the law, but also one of the important feedback channels of social effects, which can help them better listen to the public opinions and play a very good role in promoting and helping the future legislative work.

Han Zhengwu, Deputy Director of the Management Committee of Beijing Yingke (Fuzhou) Law Firm and Director of the Criminal and Compliance Legal Affairs Department, told reporters: "We hope that netizens can look at this issue objectively and rationally. The Civil Code of the People's Republic of China stipulates that" couples should be faithful, respect and care for each other ", and the Law of the People's Republic of China on the Protection of Women's Rights and Interests It also clearly stipulates that "in the relationship between husband and wife's common property and family's common property, the rights and interests enjoyed by women according to law shall not be infringed." Only by being open and transparent can the harmonious relationship between husband and wife and family be maintained. Mutual concealment will only lead to more suspicion and fragmentation. As a local regulation, the active exploration of the legislation on the protection of the right to know will undoubtedly help to enhance the transparency of common property in marital relations, promote the harmony of husband and wife relations and family stability, and also help to actively repair social relations. "