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夫妻财产知情权
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从“妻查夫产”到“夫妻互查”:财产知情权能否弥合性别不公?
Hu Xiu· 2025-10-19 08:58
Core Points - The Guangdong Provincial People's Congress has passed the "Implementation Measures for the Women's Rights Protection Law," allowing both spouses to inquire about each other's property status, contrasting with the previous Fujian regulation that only allowed wives to check their husbands' assets [1][2][5] - The change aims to promote gender equality and protect the rights of both spouses, particularly in divorce situations where one party may hide or mismanage shared assets [2][6] - The legislation reflects a broader societal issue regarding the balance of household responsibilities and market contributions, emphasizing the need for state intervention to ensure fairness in family dynamics [10][12] Summary by Sections Legislative Changes - The new Guangdong regulation allows either spouse to request property information from relevant authorities, promoting mutual transparency [1][2] - This contrasts with Fujian's previous law, which was criticized for potentially reinforcing gender inequality by only allowing wives to access their husbands' financial information [2][5] Gender Equality and Protection - The Guangdong law is seen as a response to the need for equal rights in property knowledge, particularly for women who may be at a disadvantage during divorce proceedings [2][4] - The legislation aims to ensure that both spouses have equal rights to know about shared assets, thereby preventing potential exploitation [5][6] Societal Implications - The discussion around these laws highlights the ongoing tension between traditional gender roles and modern expectations of equality in both family and market settings [10][12] - The need for state intervention is emphasized to address the imbalance created by historical gender roles, where women often bear the brunt of household responsibilities without recognition [12][13]
广东夫妻可互查财产,这些地方也已立法明确夫妻财产知情权
第一财经· 2025-10-13 12:58
Core Viewpoint - The article discusses the legislative exploration in various regions of China to establish the right for spouses to access each other's financial information, allowing for mutual property checks starting from 2026 in Guangdong Province [3][4]. Legislative Developments - Guangdong Province has passed a new regulation that will allow spouses to inquire about each other's property status using valid identification and marriage certificates, effective January 1, 2026 [3]. - Prior to Guangdong, provinces such as Hebei, Jiangsu, and Fujian had already implemented similar regulations, with cities like Guangzhou, Zhuhai, Qingdao, and Jinan also experimenting with local laws [3][4][5]. Historical Context - The Guangzhou Women's Rights Protection Regulations, effective from June 1, 2010, allowed spouses to request property information from various administrative departments [4]. - The Hebei Women's Rights Protection Regulations, published in 2017, granted spouses the right to inquire about jointly owned assets, with similar provisions established in Jiangsu and Fujian in subsequent years [5]. Current Legal Framework - Although existing laws like the Civil Code and the Women's Rights Protection Law provide a basis for spouses to have knowledge of each other's property, there is no clear definition of this right, leading to potential difficulties in practice [5][6]. - The lack of a unified national standard for property inquiry rights creates challenges, as local regulations may vary and lack comprehensive supporting systems [6]. Recommendations for Improvement - Experts suggest that a national legal framework should be established to define the right to property knowledge between spouses, including standardized inquiry procedures [6]. - A proposal was made during the 2022 National Two Sessions to amend the Women's Rights Protection Law to explicitly include the right to know about marital property [6].
广东夫妻可互查财产 这些地方也已立法明确夫妻财产知情权
Di Yi Cai Jing· 2025-10-13 11:52
Core Points - Multiple regions in China are exploring legislation to clarify the property information rights of spouses, allowing them to "mutually check property" [1][3] - The newly passed regulation in Guangdong Province will take effect on January 1, 2026, enabling spouses to inquire about each other's property status using valid identification [1] - Prior to Guangdong, provinces like Hebei, Jiangsu, and Fujian, as well as cities such as Guangzhou, Zhuhai, Qingdao, and Jinan, have implemented similar local regulations [1][2] Legislative Developments - The "Guangzhou Women's Rights Protection Regulations," effective from June 1, 2010, allowed spouses to request property status inquiries from relevant administrative departments [2] - The "Hebei Women's Rights Protection Regulations," enacted in 2017, granted spouses the right to inquire about jointly owned property registered under the other spouse's name [2] - The "Jiangsu Women's Rights Protection Regulations," effective from June 1, 2018, stipulated that spouses could request information about property registered under the other spouse during the marriage [2] - The "Fujian Women's Rights Protection Regulations," set to take effect in June 2024, also allows spouses to inquire about each other's property status [2] Legal Context and Challenges - Although laws like the "Civil Code" and "Women's Rights Protection Law" provide a basis for spouses to have knowledge of each other's property, there is no clear definition of property information rights [3] - In practice, spouses may face difficulties in obtaining property information without entering divorce litigation, leading to potential losses due to hidden or transferred assets [3] - Experts suggest that national legislation should define property information rights and establish uniform inquiry standards to enhance practical effectiveness [3]
广东夫妻可互查财产,这些地方也已立法明确夫妻财产知情权
Di Yi Cai Jing· 2025-10-13 11:46
Core Viewpoint - Multiple regions in China are exploring legislation to clarify the property information rights of spouses, allowing them to "check each other's assets" [1][2][3] Group 1: Legislative Developments - The newly passed "Implementation Measures of the Women's Rights Protection Law" in Guangdong Province will take effect on January 1, 2026, allowing spouses to inquire about each other's property status [1] - Prior to Guangdong, provinces such as Hebei, Jiangsu, and Fujian have enacted similar local regulations, with cities like Guangzhou, Zhuhai, Qingdao, and Jinan also experimenting with legislation [1][2] - The 2010 "Guangzhou Women's Rights Protection Regulations" already allowed spouses to request property information from relevant administrative departments [2] Group 2: Legal Framework and Challenges - Although laws like the Civil Code and Women's Rights Protection Law provide a basis for spouses to have knowledge of each other's property, there is no clear definition of this right, leading to potential difficulties in practice [3] - Local regulations face challenges such as lower legal status, limited applicability, and lack of supporting systems, which may hinder effective implementation [3] - Experts suggest that a national legal framework should be established to standardize property information rights and clarify the process for exercising these rights [3]
夫妻可互查房产车辆,平衡财产知情权与隐私保护
Xin Jing Bao· 2025-10-13 11:32
Core Points - Starting from January 1, 2026, couples in Guangdong Province will be able to mutually check each other's real estate and vehicle ownership [1][2] - The new regulation aims to enhance the transparency of marital property rights and reduce information asymmetry between spouses [1][2] Group 1: Legal Framework - The Guangdong Provincial People's Congress passed the "Implementation Measures for the Women's Rights Protection Law," which allows one spouse to inquire about the other's property status with valid identification [1] - This regulation is a significant step in safeguarding the right to know about marital property, which is crucial for equitable treatment of shared assets [1][2] Group 2: Social Implications - The policy reflects the evolving nature of marriage and family relationships in response to economic development, recognizing the importance of real estate and vehicles as major family assets [2] - By allowing mutual property checks, the regulation aims to foster fairness and transparency in financial matters, potentially reducing hidden asset issues during divorce proceedings [1][2] Group 3: Limitations and Challenges - The mutual inquiry is limited to real estate and vehicles, excluding bank accounts and securities, which balances the right to know with privacy concerns [2] - Implementation challenges include ensuring fair and transparent inquiry processes and preventing potential misuse of the rights granted [2]