On July 4th. 2011. the 1525th Session of the Adjudication Committee of the Supreme People’s Court. adopted the Supreme People’s Court’s Interpretation of Certain Issues Concerning the Application of the Marriage Lawof PRC (Part Three) which have become effective on August 13th. 2o11. This new judicial interpretation sparked heated debate among the public because it made much more details in the property issues during marriage or property division while divorce, especially in women’ rights and interests among the public. 

In many persons’ opinions, the new judicial interpretationis an unequal law, women in China are often the caregivers to their husbands and children; the tradition gives Chinese women less career opportunities. For housewives, a divorce will make them penniless, so the interpretation is to protect men’ rights and interests.

Some person in the public think the new judicial interpretation will force more and more females to choose the single life because of the heavy burden of family and the risks of divorce. The trend will cause a lower fertility rate in aging societies.

Attorney Zhao Ningning was interviewed by Reuters(http://www.reuters.com), one of the most famous media in the world. About the points heatedly debated in the public, attorney Zhao Ningning expressed her opinions on the positive importance of the new interpretation.

1. The new judicial interpretation is a new and definite standard for the disputes existing in previous judicial practice. Lacking ofthe definite instruction from the Supreme Court, the local courts always ruled the similar or same case with different solutions, some of which have arise many disputes in theory and practice.

2. Private property rights are protected more effectually,comparatively, in the new judicial interpretation. Private property rights are the legal rights for natural person, which is enacted in constitution, civil law, contract law, ect. The strength of protecting private property rights inthe judicial interpretation of marriage law manifests the spirit of constitution and civil law.

3. With the social development and the change of concepts,Chinese women have more and more opportunities to know and reach the world;they are changing their social roles. In the long term, it will help more and more marital women go out of the traditional Chinese family to be more independent financially. That’s a way to realize the equality between man and woman.