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Marriage law expert unscrambles new marriage law in the round explanation of the
From;  Author:Stand originally

Before a month, the professor austral Mayi of expert of Beijing University marriage law attended the supreme court to explain held seminar to make administration of justice of new marriage law, argue very intensely on the meeting. The first ministry judicatory explains the new marriage law that the supreme court takes to be promulgated formally before a week, she made high component of 9 minutes readily.

She says: "Explanation of supreme court judicatory made the greatest effort toward best direction inside marriage law frame. Do not have explanation of exceed one's authority already, took legislative meaning; Be in again good effort was not made as far as possible on the foundation of original intention of be bad law, this can be reflected in a lot of article come out. This kind of effort lets me feel it may make up for the inadequacy of active marriage law even. Law is very wraparound, the space that give out is larger, can have a variety of explanations, this holds ability and liability with respect to what see expositor. Judicatory explanation has knowledge very much, this judicatory explanation used Wen Yi explanation, law meaning explanation, purpose explanation and proper dilate or contractible explanation, I feel to be done very well. When discussing before a month, argue very intensely, look now absorbed many our opinions. Look now absorbed many our opinions..

Marriage law never appears " concubinage " " concubinage " not be bigamous

Pay close attention to very to social community " concubinage " it is bigamous problem, the explanation austral Mayi says, new marriage law is connected piece had not appeared bout " concubinage " or " wrap 2 father " model of written characters, "Concubinage " be not concept of a law. Exact choice of words is on marriage law " bigamous " and " the person that have a mate and other live together " . This judicatory explanation was combed " the person that have a mate and other live together " main idea. "The person that have a mate and other live together " it is to point to " the opposite sex outside the person that have a mate and marriage, not with spouse name, continuously, live steadily jointly. " must have 5 requirements: With the opposite sex outside marriage (the same sex does not calculate) ; Not with spouse name; Last on time; The stability on condition; Live jointly. In discussing originally, the scholar puts forward, live together ought to demarcate has " collective house place " . But most person thinks, collective house place is an evidence, can the cohabitational relationship with effectively bilateral proof, but cannot ask to must have collective house place, can bring about a few person that live together too strictly otherwise " escape unpunished " , legal blow area is too small, common people may not agree. Living jointly may be to two people sheet has collective house place already, it is likely also in one party home.

Ma Yina says, of cohabitational concept of the person that have a mate and other it is very important to limit, its make a clear distinction two bounds: With bigamous bounds; With adulterous bounds. It is bigamous that a lot of common people thinks the person that has wife and other woman live together by accident, actually these two different ideas involve blame and blame pain " major issues of principle " problem. Bigamy is crime, want to be punished by criminal; And the person that have a mate and other live together to assume civil law responsibility only, it is the legal status that forensic court decision divorces, just can ask accordingly without fault damages.
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