The Status of Judicial Interpretation in the Matrimonial and Family Law System of China
On 4 July 2011 the Supreme People's Court issued the 'Interpretation on Certain Issues Concerning the Application of the Marriage Law of the People's Republic of China III', which was adopted during the 1525th meeting of the Judicial Committee of the Supreme People's Court. Since it is mainly about the specific criteria for determining whether an item of property is separate property of a spouse or joint property of the spouses and the specific criteria for carrying out division of property at divorce, it has drawn much public attention and has caused the public, especially the legal profession, to further reflect on the status and effect of judicial interpretation in the legal system of China.
By Xia Yin-lan, Professor and Doctoral Supervisor of the China University of Political Science and Law, President of the Academy of Matrimonial and Family Law of the China Law Society
The full version of this article appears in the March 2013 issue of International Family Law.
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