婚姻家庭案件审理中的疑难探析（Analysis of the difficulties in the trial of marriage and family cases）.docVIP

婚姻家庭案件审理中的疑难探析（Analysis of the difficulties in the trial of marriage and family cases） Analysis of the difficulties in the trial of marriage and family cases Author: Zhang Mingyu release time: 2010-04-19 09:45:08 Synopsis: After the promulgation of the new marriage law, the marriage and family cases accepted by the peoples courts at the grassroots level have risen year by year. Marriage is the basis of the family, and the family is the cell of society. If the parties for problems of marriage and family disputes disputes can not be handled fairly and properly, the consequence is not only a marriage, family disintegration, and will increase the uncertainty, become the construction of a harmonious society in crisis. With the economy, peoples social exchanges become more frequent, the grass-roots court model of marriage and family problems of marriage and family disputes or may encounter problems such as increasing; execution of visitation rights, marital contract validity issues and so on, this article through the following several difficult problems met in the case of marriage and family in the analysis of. Filing and hearing problems can not provide a marriage certificate, the plaintiff sued for divorce, two, a party premarital personal property obtained during the existence of marriage whether the benefits of their joint problems; three, after marriage, parents for the purchase of housing investment should be regarded as a gift of the problem: four, on the return betrothal gifts at the time of divorce. For these problems, the author thinks that, in order to meet the new challenges faced in the judicial field of marriage and family, the judge should continuously strengthen learning, deepen understanding of the marriage law and the relevant judicial interpretations, really embody the spirit of legal purpose and objective method for being brave and good at exploring behind the hidden marriage law provisions. At present, in the civil cases accepted by the basic peoples