15 years ago, Sun and Ran from Hongyuan County, Aba County, Sichuan fell in love freely, and Sun brought 38 yaks, 2 horses and some daily necessities to the woman's house, and the two began to live together in the name of husband and wife. However, as time went on, conflicts arose between the two parties, causing Sun to be turned away by the woman for a long time, and even moved his belongings out of the door. Sun finally decided to end the marriage through litigation and filed a request for division of property with the court. After the court trial, the final judgment was as follows: Sun obtained a house, 10 yaks, 2 horses, a motorcycle, a small truck, and a creditor's right of 40,000 yuan. This means that Sun successfully obtained the property he deserved and ended his marriage with Ran. During the trial of this case, the court enforcement personnel also helped the two parties to divide the property and ensure the implementation of the judgment. Sun expressed his gratitude to the court's executors and expressed his appreciation for the court's fair trial.
This case reflects the property disputes that can arise from family disputes, and also emphasizes the importance of the law to protect the rights and interests of individuals. Through fair trials and judgments, the court has safeguarded the legitimate rights and interests of the parties and contributed to the realization of social fairness and justice. In an enforcement action by the Hongyuan Court, the division of property in a divorce case attracted widespread attention. The case involved a house, 10 yaks, 2 horses, a motorcycle, a Wuling small truck, and the ownership of a 40,000 yuan creditor's right. In order to protect the legitimate rights and interests of the parties, the court organized the enforcement personnel to go to the pastures and settlements of both parties to carry out the inventory and division of the property. After 10 hours of hard work, the entire execution process was successfully completed and the property of both parties was fairly distributed. In this case, the court attached great importance to the balance between legal reason and reasonableness. Through the interpretation of the law and reasoning, education and guidance, they enabled both parties to voluntarily perform the judgment and achieved a just and equitable distribution result.
All this stems from the court's adherence to social fairness and justice and its high degree of responsibility for the interests of the people. Before the enforcement action began, the court fully understood the facts of the case and clarified the legitimate rights and interests of both parties in the communication with the parties. In the process of enforcement, the court shall take the principle of justice and fairness as the principle and strictly follow the provisions of the law to carry out the inventory and division of property. They do not simply divide the property equally, but also pay more attention to the actual situation of both parties and the value of the property. In the course of enforcement, the court not only simply enforces the judgment, but also pays more attention to making the parties voluntarily perform the judgment through interpretation of the law and reasoning, education and guidance. They explained the reasonableness of the relevant legal provisions and judgments to the parties, and helped both parties understand and accept the final result. This method not only protects the legitimate rights and interests of the parties, but also increases the authority of the law and the credibility of the society. The whole enforcement process was full of hardships and challenges, but the court always adhered to the bottom line of the law and ensured the smooth progress of the case.
Undaunted by difficulties, the executive actively engaged in the work and carried out the inventory and division of property without error. They strictly follow the procedures and handle each property with meticulous attention to detail to ensure that the rights and interests of each party are protected. Eventually, thanks to the court's efforts, the houses, yaks, horses, vehicles, and other belongings were effectively divided. This is not only the implementation of the judgment, but also the adherence to social fairness and justice. Through fair actions, the courts have safeguarded social order and the dignity of the law, and set an example of justice for the people. In the course of the implementation of this case, we have seen that the court adheres to the law and is highly responsible for the interests of the people. They are guided by legal principles and reasonableness, and through interpretation of the law and reasoning, education and guidance, so that the parties can voluntarily fulfill their judgments. All this stems from the court's pursuit of social fairness and justice and the protection of the people's interests. The efforts of the courts have established the authority of the law for us and made a positive contribution to the harmony and stability of society.
However, we also had to face some problems. Is there an element of unfairness in the division of property? How to ensure the fairness and reasonableness of property division? These questions require us to think deeply and **. At the same time, we should also recognize that the efforts of the court are only part of the solution, and each of us should start with ourselves, abide by the law, respect the court's judgment, and jointly build a fair, just, harmonious and stable society. In this enforcement action of the Hongyuan Court, we have seen that the court has adhered to the bottom line of the law and safeguarded the legitimate rights and interests of the people; We have seen that the court has made the parties voluntarily perform the judgment through interpretation of the law and reasoning and education and guidance; We have seen the court's pursuit of social fairness and justice and the protection of the people's interests. All this is worth learning from and working together to build a more just, equitable and harmonious society.
According to the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, if the immovable or movable property in common can be divided and the value will not be diminished due to the division, the physical property shall be divided. If it is difficult to divide or the value will be diminished due to division, the price obtained from the discount or auction or sale shall be divided. In the event that the immovable or movable property obtained by the co-owners is defective, the other co-owners shall jointly bear the loss. With regard to the dissolution of the cohabitation relationship, according to Article 3 of the Interpretation, if the parties only request the dissolution of the cohabitation relationship and does not involve property division or child support disputes, the people's court shall not accept it; where it has already been accepted, a ruling shall be made to reject the lawsuit. The people's court should only accept the case if it involves a dispute over the division of property or child support. Men and women who have not registered their marriage in accordance with the provisions of the Civil Code and live together as husband and wife shall be treated differently in accordance with Article 7 of the Interpretation.
Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both a man and a woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to re-register the marriage, and if the marriage registration is not re-registered, it shall be dealt with in accordance with the relevant provisions. According to the Civil Procedure Law of the People's Republic of China, the parties have the responsibility to provide evidence for their own claims. If the parties and their litigants are unable to collect evidence on their own for objective reasons, or if the people's court finds that evidence is necessary for the trial of the case, the people's court shall investigate and collect it. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence. According to Article 90 of the Interpretation, a party shall provide evidence to prove the facts on which its claim is based.
If a party fails to provide evidence or the evidence is insufficient to prove its factual assertion before the judgment is rendered, the party who bears the burden of proof shall bear the adverse consequences.