There is no man in China!!!
August 19, 2011 6:57am CST
In August 13th, the new offer of judgment of the law of marriage in People's Republic of China came into force. Many women in China feel very angry for it. There are several reasons for our anger. 1.The law can not express the mind of people, for no one vote for it. 2. The new offer of judgement contains one regulation : If one partner paid the down payment of the house before marriage, even if the other one help to repay the loan, after they get divorced, the other one can not have any right of the house, but can get back some money. But in usual case, the other one can not get suitable return compared with his/her pay. In China, we have a tradition, the men paid the dowm payment, while the woman paid the decoration. So according to the law, most of the women can not get the house after divorce. Now, house price is very high in China, and almost the biggest part of the fortune, so that is unequal to women. After the law was put into use, many men feel very happy here, for they can get their wife away for nothing. While women find that they should take a great risk to have a marriage, hard to find a job first, demotion when pregnant, losing job after baby was born, and may be get nothing at their middle age if their husband has another one. After I see the news, I think men and women here will be angry. Now I find that women is very angry, while men are very happy. Some of them celebrate on the internet after the law was put into use. And they think women should take it for granted. I now realized that men in China are lack of the responsibility of the marriage, and are very selfish. I think I will not choose a Chinese man to be my husband, for the risk of marrying to him is very high. Even not have a marriage in my life, I will not marry a Chinese man, for there is no man in China!!!
28 Aug 11
The judicial explanation three of marriage law attracts the eyes of many Chinese recently. Different people have different views according to their position and interest. In my view, I don't think the rules of this judicial explanation are totally unfair. Just as you said, the house prices in many Chinese cities are very high. In many cases the down payment of the hosue before marriage are not paid by the men but their parents, which are biggest part of their fortune. If the man and woman divorce, the woman could still get compensation according to her contribution to the house. For the same reason, the woman could acquire the right of house if she pays the down payment. If the man and woman pay the down payment together, they could choose to register their names in the property ownership certificate. I don't think it's fair that a man or woman could acquire half of the house if he or she contributes nothing or only a little to the house. I know you will not agree to my views. I expect your further discussion.
29 Aug 11
If the man or his parents paid the whole for the house, I agree that his wife can not get it after divorce. But if only the down payment, the law is not good for the woman. I know according to the law, he woman could still get compensation. But how can she get the compensation is the really problem in China. In most case, she can get nothing, even the money she had help to pay the loan. For in most cases, the judge will ask you to provide the evidence bu yourself, in most families, people do not keep that evidence. And even you can give out the evidence, if the man says he do not have the money to pay you back, what you can do, what will the government do for you? Nothing. So at first, you should do the worst plan for yourself, that means even you help pay the loan, you still can get nothing for it. So if you said that the woman could acquire the right of house if she pays the down payment, I think in that case, there is no use for a man in the marriage. To me, I think if a man want to marry me, while can not have the ability to do any contribution to the family, cohabitation is much better than marriage. For I can save time in thinking about what may happen after getting married and taking any responsibility. And there is no need for me to please his family members. He also has no right to interrupt what i want to do. If the relation broken up, it is much easier to apart with him.
29 Aug 11
As a legal professional, I know the reason why the supreme court stipulated that the person who pays the down payment and only registers his or her own name in the certificate could acquire the whole property right of house after divorce. Before the promulgation of judicial explanation three, when the man and woman divorce through court, it's quite common that both of them strive for the property right of house, which makes the court feel very difficult to make a decision. This explanation offers the judge a clear guideline to handle such problem. So I don't think it's unfair to certain party such as women. Marriage is an important event in the lifetime. It's quite necessary for the man and woman carefully negotiate and reach an agreement before they get married.
30 Aug 11
I think we'd better distinguish two different situations. If the couple divorce two or three years after they got married, I don't think it's fair that the party who didn't pay the down payment could get half of the property right of house, especially the down payment was paid by the parents of the man. But if they divorce ten or twenty years after they got married, even if one party didn't pay the down payment, the court should still consider his or her contribution to the family, for instance, doing the housework and taking care of the child. In that case, both parties have the right to share the property right of house.
20 Aug 11
I was quite amused by the title of your post and I think I will agree - there is no true man in China if this is the policy they are enforcing. On of the drawbacks of preserving traditions and culture is that the marginalized sector of society- in this case, the women, will not have a chance of being equal with men. In this modern age, it should have been a norm that a woman enjoys the same rights and privileges of a man. However, if the country is still tightly rooted with archaic beliefs and people still subscribe to them., society cannot grow and develop into stagnation. Only one sector of the population receives progress and it will take a lot of time before the whole society can move as well. I'm not dissing culture but there is lost opportunity in this scenario. Also, the enforcement of biased traditional beliefs will only slow down development and mindset of the people. Change is either good or bad and there are risks. However, if a country or society plays their cards smart, they should have both progress and their own culture at the same time.
24 Aug 11
Form law of marriage here is 50/50 split. But now many young people get married quick and divorce quick. For a large part of young men here are only child in the home, so their parents spoiled them, and make them lack of sense of responsibility. While more young girls are full of individuality than 20 years ago. So now China's divorce rate goes up year by year. While come to divorce, how to separated fortune is a big problem for the law court. Now the new law put into use. The judge can save a lot of time for the law, while the relationship between a couple become weaker. I think now more and more women in China want to be modern women, while men are still in the traditional time. I think that is the problem.
• United States
20 Aug 11
That hurts. That really puts an unfair amount of power in one spouse's hands - most commonly the husbands. Marriage ought to be about partnership, but with this latest development the husbands now have something to threaten their wives with. But then again China is still growing - let's just hope that this is repealed or a remedy found. This highly unfair to women and very wrong. A side note: I'm a bit confused by this move. Shouldn't China be encouraging marriage and thus children? I keep hearing from a variety of sources that the now repealed one child policy might inflict a serious blow on China's economy in the future. I heave heard that the senior citizen population will triple in the next thirty years but that the work force will either not grow or have very slow growth. If that is the case then I would think China would want to encourage people to have more children. Then again that is just my analysis and opinion.
• United States
24 Aug 11
That sounds rough and I would rather the women of China didn't have to go through that. I hope it works out somehow even though it appears to be a very large problem. I do understand how your survival must come first before even thinking about having children!
20 Aug 11
I think the rule can benefit whoever paid the downpayment, so if you want to make it your house you can just paid the down payment, it's easier to break tradition than to break the law, so break the tradition and paid a down payment for the house yourself. In my opinion in modern world, goverment make a marriage became an investment plan between man and woman, instead loving eachother now every person think what would i get when i got divorced.
24 Aug 11
I agree that breaking tradition is easier than breaking the law. So many girls now try to buy their own house before marriage. But I think now more girls will choose not get married. For the law makes a marriage like a investment not a relationship between lovers. So to do a wise investment, it is much better for invest girls themselves not their husband, and if they do not get married, there will be no problem for how to share the investment. I think after the law put into use, many girls will study hard, work hard and being single.
19 Aug 11
Feel so hurt to read your post dandan07. I had no idea about this and can only empathisize with this .Your standpoint is ver clear and upright . Feel proud to meet such a woman like you . I think all you women in china need to protest against this and build up mass consensus to bring this issue into focus at international level .Wish you all the best !