A: So now when people get divorced, how do they solve the problem of co-owned properties?
B: Right now, co-owned property has several kind, like couple’s properties, they can be divided up. If there is an agreement, then it will follow the agreement, personal agreement are given preference. We were discussing it today. Agreement preference. Then there is another way, that is to divide in half. But, if somebody is taking care of the children, then there must be someone that will pay alimony. Then there can be a bias, for example, when divorced, this person have sacrificed a lot, especially woman, if they worked a lot at home, raising children, then the claimant can ask for compensation. The court will consider giving you some compensation, then the property division can be biased.
Chinese government’s policy on people’s individual rights has gradually been getting better. People pay attention to it more. You can also see that the claimant will have the clear promise of the law. Before, we are very general, it is very hard to enforce the law. But now, I think it doesn’t count as a NEW marriage law. It is more like amendment. This amendment has advanced a lot, the view on many problems has been brought to the table. Then, another thing is that it gives certain guidance to the future of these people’s lives. So they have a big discussion about that. You can see that it is to increase the difficulty of divorce and against it. One party of people thinks, that divorce is an unstable element in society, so to ensure stability of society, we must first ensure stability of family. So they wish to increase the difficulty of getting a divorce. The punishment must be higher. There is another faction that is against it, the society is advancing, everybody should have the freedom to choose divorce. But this view is a little extreme. But this argument, you can see if actually two views that is in people’s heart. It is reflected in academic discussion. Everybody will think about it. But duty and responsibility the law makes very clear. Because we are a lawful society, you have to understand your responsibility, your rights and your duty. You cannot only talk about rights, and abandon your duty and responsibility. Because in the past, there will appear this false phenomenon, after the Reform, people focuses a lot of personal rights, and sometimes they abandon duty and responsibility. But in the past, we talk a lot more about responsibility and duty, we throw out individual rights. So this is two extremes. But, now you can see, that people always try to bring those two together. It is the combination of rights and duty. In continuous discussion. Argument and experimentation, I believe that they will all come together, People will realize truly, what does the Law give people. Of course I believe that this has a big influence on Chinese people.