Fujian legislation grants women the unilateral right to obtain evidence

"Women may inquire about their spouses' property in accordance with the law" trends on social media, sparking heated discussion

Some experts believe that while the law safeguards "her rights," it should also equally protect "his rights"

Fuzhou, April 11 (Report) — Recently, the Standing Committee of the Fujian Provincial People's Congress announced that the "Fujian Province Regulations on the Protection of Women's Rights and Interests" will take effect on June 1, 2024. Article 45 of Chapter VI of the regulations explicitly states that "women holding valid documents proving the marital relationship, such as ID cards, household registration books, and marriage certificates, may apply in accordance with the law to real estate administration, vehicle management, and other such units to inquire about their spouses' property status, and the relevant units shall accept the application and issue corresponding written materials," which has sparked public discussion.

"This move helps reshape property transparency in marriage and safeguards 'her rights and interests' in marriage." Huang Qi, a lawyer from Minhou, Fujian, and director of Shanghai Shangwei Law Firm, had already called for "safeguarding the right to know about jointly owned marital property" in her capacity as a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) at the 2022 National Two Sessions. Her proposal to "inquire about a spouse's property with a marriage certificate" once trended on Weibo. Two years later, seeing her hometown's legislation opening up a "rule-of-law path" for women to inquire about their spouses' property trend on social media again, Huang Qi believes that Fujian's legislative exploration has taken another step toward "equally safeguarding the right to know about jointly owned marital property."

"Such legislative practice is not only protecting women's rights and interests but also protecting marriage." Huang Qi believes that this local legislation in Fujian is expected to provide a new remedy for women, who are in a disadvantaged position in traditional marital relationships, to safeguard their own rights and interests, and is also conducive to promoting transparency of property information between spouses and building a family environment with a greater sense of responsibility and trust.

"This path also provides a new 'solution' for safeguarding women's right to know about property in marriage." Wu Wuping, a lawyer at Beijing Yingke (Fuzhou) Law Firm, told reporters that under the Civil Procedure Law and other relevant provisions, parties may apply to a people's court for an investigation order to investigate and collect evidence, but "entering litigation proceedings" is a prerequisite for advancing "the implementation of the right to know about marital property." In practice, this often becomes an obstacle for spouses seeking to learn the true status of property such as real estate and vehicles under the other spouse's name. Fujian's local legislation, however, provides a convenient path for "ensuring the realization" of the legally stipulated "right to know about marital property."

"In marital relationships, it is not always men who occupy a dominant position in the family. In marital disputes, 'concealment of property' is not a man's 'exclusive' practice either." Huang Jiayan, a lawyer at Fujian Jinlei Law Firm, told reporters that among the divorce cases he has handled, there are also many cases in which men have had "property concealed" and their "rights and interests infringed." He noted that many netizens have also expressed certain concerns that "the law overprotects women's rights and interests, thereby triggering gender antagonism and new gender inequality."

Huang Jiayan believes that while the law safeguards "her rights," it should also equally protect "his rights." He holds that men should also be granted an equal right to obtain evidence, "Of course, legislation is a gradual process, and the establishment of the new law itself sends a positive signal."