Effectiveness of the divorce agreement

Keywords:: divorce effect

Abstract: divorce agreement is a complex agreement, both the formation of dissolution of marriage acts, including marital property division and child support in the accompanying behavior. The formation of identity-type behavior to behavior, not the registration is not effective. Accompanying the effectiveness of behavior accompanying the formation of behavior, the formation of behavior is not effective, the accompanying behavior is not effective. agreed to a divorce property division, there is no grant issue, do not apply the provisions of the donation contract. divorce agreement vesting of property of one or both spouses children, is a payment to a third pArty contract, the "instructions for the payment by the contract", the behavior of non-performance pay should be applied to <"Contract Law"> shall be investigated for breach of contract.



Both husband and wife to divorce agreement and related matters dissolution of the marriage agreement reached means that the case of its effectiveness is controversial mainly for the following three points: (1) before the registration of divorce, divorce agreement is effective; (2) registration of divorce terms of whether the division of property after the revocation or modification; (3) divorce agreement is effective on the third. The author intends to force through a case of a divorce settlement of the above three issues.


First, the registration of the effect of divorce before the divorce agreement

Registration of the divorce agreement is a prerequisite for divorce, divorce pArty registration must be submitted to the Civil affairs depArtment and the division of property on divorce, child custody agreements and other matters. The pArties to reach a divorce agreement, if either pArty backs out, refused to divorce registration, the other party to a divorce only through litigation. in such proceedings, the parties have reached a divorce agreement called the complaint before the divorce settlement. v. nature of the agreement before the divorce and the effect of problems, cases often become the focus of controversy, "the different sub-co" phenomenon have occurred, such as the following two cases.


Case 1: Ryu (M) and Tianmou (female), Department of husband and wife, Liu filed divorce proceedings, and requested division of property according to Law. Tianmou agree to divorce, but the request divorce agreement signed by both the division of property. The court held that the divorce Although the Department of the two sides signed a voluntary agreement, but the registration of the agreement the parties had yet to divorce, all of the original agreement by either party shall be the property of the two sides are still common property division.


Case 2: Lee (M) and the completion of a (female), Department of husband and wife, the two sides reached a divorce agreement, divorce agreement that all housing owned by Lee, Lee completed a 26 million compensation, but the two sides did not apply for divorce registration. Completion of a to court divorce proceedings, and requested division of property by the divorce agreement. Lee confirmed that the agreement without the Civil affairs department, no legal effect, and their obviously unfair. court decision to divorce, division of property by agreement. [1]

The effect on the divorce agreement, China <<Marriage Law>> does not make express provision, but is somewhat related to judicial interpretation, such as Supreme Court <"On the Application <PRC Marriage Law> Interpretation of Several Issues (II)>" ( hereinafter referred to as <"Intepretive b>>) Article 8, paragraphs 1 and 2 of this article. Paragraph 1 provides for two types of agreements: (1) divorce settlement agreement on the division of property; (2) on the property due to divorce split agreements. which reached at the time of divorce, and divorce registration shall be deemed completed at the same time, while effective, so both men and women of the "legally binding" can only refer to the effect of divorce. The former reached prior to the divorce registration whether in effect before registration or after registration effective Law does. However, if combined with paragraph 2, point of view, can be inferred that both men and women of this agreement "legally binding" also refers to the effect of divorce. because , the scope of paragraph 2, is "to fulfill the division of property agreement." And according to the contract is the division of property after the divorce thing.


The relevant Supreme Court interpretation of this is made clear also. Interpretation that: (1) applies to this section is a prerequisite for judicial interpretation of the parties agreed to a divorce in the marriage registration office, and to reach an agreement on the division of property; (2) expressly provides that the parties submitted to the marriage registration office about the divorce agreement, the terms of division of property and as part of the divorce agreement or attachment of the property separation agreement, the parties to the divorce are legally binding; (3) within one year after the divorce, both men and women for performance of the agreement dispute the people's court, the people's court shall be accepted as a Civil case. [2] shows that the existing judicial interpretation does not address the validity of the divorce agreement before litigation issues.


However, the judicial practice on the effectiveness of pretrial disputes divorce settlement has occurred. Due to lack of a clear legal basis, some provincial and municipal court <<trial operational guidance>> to provide for the form, there are two views. (1 ) advocated before the registration of divorce, divorce agreement is binding unless the lack of entry into force of the agreement itself. If the Shenzhen Intermediate People's Court "guidance," states: "the parties during the existence of the marriage for the divorce or division of property in a divorce settlement agreement , party backs without consent divorce registration, request the other party sue for divorce and requested a divorce agreement in accordance with the terms of the division of property or property jointly owned property division agreement dealing with the problem, the people's court should be supported in principle, but the agreement violated the law and administrative regulations, the mandatory provisions of the property listed in the agreement or does not exist objectively, except unable to perform. clause or agreement is not the division of property jointly owned property involved, the people's court decision may be according to law. "[3] (2) claim Pre-registration for divorce, divorce agreement non-binding. If the Shanghai Higher People's Court "guidance," states: "husband and wife live together or separated during the division of property during the agreement reached, the parties have no evidence to prove invalid or revoked, may change legal case, or agreement has been fully performed, the agreement shall be deemed binding on both parties. If the division of property agreement as a prerequisite for divorce, and both sides did not divorce, the parties should be allowed to go back. "[4] judicial" guidance opinion "diametrically opposed," co different contractors, "the phenomenon certainly can not be avoided.


Understanding of the differences between the effectiveness of the divorce agreement, divorce agreement stems from the understanding of the nature of the differences. On the nature of the divorce agreement, the academia, there are two main points: (1) that although the complaint before the divorce agreement, including the relationship between discharge capacity and the division of property, child support, and many other content, but essentially just a matter of personal relations act, the act to register for the entry into force, without a divorce before the divorce complaint registered non-binding; [5] (2) that the divorce agreement prior to action nature is a hybrid contract, divorce and child support on the content nature of the relationship is personal, and property and debts belonging to the nature of property relations. divorce settlement in terms of obtaining divorce <<divorce certificate>> of the day effect, and on child support and property division provisions in the party meant that agreement come into force when, not to the marriage registration office for the appropriate procedures, or the marriage registration authority shall issue <<divorce certificate>> for the entry into force of elements. [6] the share the view that the divorce agreement, dissolution of marriage, the agreement is not binding, according to divorce a spouse can not fulfill the other requirements of registration or sue for divorce court ruling granted a divorce by agreement, but the terms of the divorce agreement, the effectiveness of the division of property, there different views.

In my opinion, from the nature of the divorce agreement is a legal act, shall apply to the basic theory of Civil legal action. But agreement with the general property of different, it is the behavior of family law, the analysis of its effectiveness must be based on the special legal status. on the nature of the divorce agreement before the appeal and effectiveness of the following three points should be clearly identified.


First of all, the contents of the divorce agreement with the compound, a mixture of a number of legal acts. In general, couples divorce agreement includes two elements: First, lift the contents of husband-wife relationship; Second, split the contents of the jointly owned property. Some agreement will also include compensation for the property between husband and wife, damages and other aspects as well as minor aspects of child support. But what the agreement should be regarded as a legal act or a number of legal acts, legal acts should be based on the basic theory of judging . to mean that the legal elements of the divorce agreement is an act or acts of a few mixed, should be based on the effect it contains one or few means to judge. the effect of the divorce agreement, including the meaning husband and wife were lifted, divided marital property, to determine child support and alimony burden of ownership, etc., meaning, respectively, these effects have different legal consequences. Accordingly, the divorce agreement as a mixture of several acts should be more appropriate. complaints have been registered before the divorce agreement in force with divorce settlement there is no difference in the content, "" Intepretive II>> Article 8 and Article 9 of the divorce agreement actually the identity of the relations between part and part of the property to distinguish clearly the divorce agreement has been registered on agreement as husband and wife can not be changed to lift, but some property may be withdrawn or found to be invalid, this also shows that the divorce agreement was not an act, but a number of acts.


Second, the divorce agreement as a number of actions were legal, they are in effect to be relevant. Refers to the legal status and identity as personal relations and property caused by the production relations, change and the eradication of legal acts for the purpose of , including the formation of two types of behavior and accompanying behavior. The so-called direct the formation of behavior is the occurrence of a certain family status, change or eliminate for the purpose of legal acts, such as marriage, divorce, adoption and other acts. the so-called accompanying behavior is the behavior refers to the formation of as the premise, accompanying such acts as the legal act, if the matrimonial property system of the agreement, divorce, child support and property division on the agreement. [7] the formation of the divorce agreement, both the identity of legal action, that the lifting couples of the agreement, there are also accompanying the identity of legal acts, namely the child support and property division agreement. that the appeal before the divorce agreement, including personal relations and property relations between the two aspects, personal relationships change for marriage, and the assets to be directly applicable to the contract Law point of view, ignoring the special nature of legal identity. In Application of law, the identity of the Civil legal act should apply to the general theory of legal acts, such as the proper subject, that the true meaning, content, and effective legal and other conditions, but can not think of them accompanying behavior can of course apply the provisions of contract law. divorce, division of property when the agreement on the property although the content, but its effect on the specific characteristics, namely, the effect accompanying the formation of behavior. to the division of property in the divorce settlement agreement cases, even if their behavior in line with the general effect of civil law elements, but if the "divorce" the formation of behavior does not effect the division of property agreement is not effective. the effectiveness of the rules from this point of view, the formation of the effectiveness of behavior and accompanying acts of relationship with the Lord, from the legal effect of acts of relationship is very similar.


Finally, the formation behavior of the divorce agreement, the entry into force and the accompanying behavior is not consistent. The formation of the identity of legal acts related to the stability of status relations, publicity and transparency for clients and society is of great significance, so in addition to civil legal acts subject to outside elements of the general effect , --- need to register with special entry into force, that has to type of. based on the principle of personal liberty, the parties said on the meaning of change of status, before the non-compliance with statutory procedures do not have any binding force, that is, the parties should be allowed to go back on. If a party can not rely on the divorce agreement has been reached to request divorce registration. Therefore, the divorce agreement, divorce behavior (the formation of behavior) is not registered has no effect. divorce agreement accompanying changes in behavior to the property for the content, have to type behavior is, just have a general legal acts of the entry into force. However, the accompanying actions to form the premise of effective behavior, so even if the accompanying acts of force with the general conditions in the formation of behavior is not not take effect before the commencement, but also non-binding. the parties prior to the divorce registration, on the division of property has been reached or the child support agreement can go back. So if a party to the divorce proceedings means used, only the general rules applicable to divorce proceedings, whether to grant a divorce , how the property division, child support, determine ownership and so on, are required to apply <<Marriage Law>> the relevant provisions. divorce agreement reached in advance because they do not take effect, the parties can not be filed for performance basis. However, the appeal proceedings before the divorce, divorce agreement evidence in a certain effect on the feelings of the parties and other conditions and property status has some proof of effectiveness.


It should be noted that the conditions attached to the accompanying behavior is different from the legal acts. With a view of the property in the divorce settlement agreement is attached to civil legal acts in order to "divorce" the division of property agreement in force for the delay conditions, where the "divorce "including divorce and divorce. [8] This argument is debatable. Although the divorce property division agreement for the entry into force of the divorce, but not the conditions attached to the legal delay. the difference is that the conditions attached to the legal delay before the condition is not satisfied, though not effective, but binding, the parties can not be any lift, can not make a condition, or prevent hostile conditions for success; accompanying acts of meeting the conditions of validity of legal acts, but acts in the formation and binding force before the commencement of , the parties may go back on. the division of property in divorce settlement agreement as a conditional legal action, behavior and identity confusion accompanying general of property.


In summary, the complaint before the divorce agreement is a complex agreement, both the formation of dissolution of marriage acts, including the couple's child support division of property and the accompanying behavior. Incidental effect of acts of behavior accompanying the formation, the formation of behavior is not effective accompanying behavior is not effective. formed to act as the type behavior in order to register for the entry into force, it does not require registration of the divorce agreement does not take effect, accompanying the division of property in divorce actions, child support agreement does not take effect. this point of view, Case 2, the aforementioned lack of legal basis for the decision.


Second, the registration division of property after divorce agreements can revoke

After the divorce agreement, the parties and others to remarry, remarriage behavior to take effect. Thus, after divorce, even if the divorce agreement was flawed judicial practice are generally not recognized or allowed to revoke the divorce is invalid. So, after divorce, divorce, division of property in terms of the agreement can change or revoke it (change is a partial withdrawal)?

Case 3: Xiamou (female) and Shen (male), Department of husband and wife, October 28, 2003, the two sides registered a divorce. Divorce agreement, both parties agree before marriage to buy Shenyang, Changzhou City, Jiangsu Province, owned a summer house in a district all . After the divorce is out of the house in summer, all other matters in the divorce agreement been fulfilled. Shen post for refusing to transfer the property rights to the summer, the summer then in April 2005, Changzhou Tianning to the people's court proceedings, ask the court to defendant was ordered to perform Shen divorce agreement, the agreed housing transfer to the plaintiff. the defendant a defense of first instance to: The Housing Department of their personal property before marriage, their current economic difficulties, a person living in the three generations of four rooms, no other housing available live, and the house was set in 2001 due to borrowings secured by mortgage, the mortgage requires additional third human case, while the housing grant revocation of the plaintiff's intention [9].


Judicial practice in such cases there is considerable controversy. Revoke party agreement on the grounds that the division of property: one contract for all common property owned by the other party or parties all in the nature of the gift is a civil act. <"Contract Law"> s 186 provides: "gift to the gift property before the transfer of rights to revoke the gift." subject matter that is not delivered before the grant shall enjoy any right of revocation. Accordingly, the housing transfer, before either party may revoke the division of property agreement.


The author believes that the original divorce agreement stipulated vesting of property belonging to the other party all or part of the parties to give up or give up the common property in their own share, and donation are similar, but not the gift, should not apply <"Contract Law" > the provisions of the gift.


First, in the divorce agreement, all parties agreed that all property owned by the other party or to give a total of property rights, is not necessarily a free act. Divorce property agreement, in addition to the division of matrimonial property, but also may be involved in the settlement of marital debt, divorce, financial assistance, financial compensation and damages, and more. In real life, the divorce agreement by the parties independently developed through consultation on matters related to the property to take a more "package" solution, does not distinguish between the division of property and economic assistance, economic compensation, damages, etc.. to all the property of one spouse or the matrimonial property agreement to each other, it is possible for economic assistance, compensation and other reasons, but only stated in the agreement of a property right as a person, the reason for which does not indicate that such cases are not part of free behavior. In addition, all parties agreed to the other side of the property, as other compensation raising children alone, the same can not be regarded as free act.

Links to Research Papers Download http://www.hi138.com Secondly, as the accompanying legal identity, the division of property upon divorce, child custody and divorce, etc. This behavior is closely related to the formation of identity. With a view of "The status of marriage and property issues can be processed together, can also be dealt with separately, can not divorce the property issue as a necessary restrictions or constraints. If the parties can not agree on the division of property, and affection no longer exists, The two sides can still come through the divorce proceedings. divorce agreement between the identity of the Marriage Law should be applied to adjust the property in the divorce agreement between contract law may be appropriate to adjust for. "[10] This view appears to have a certain sense, but is not accurate. the conditions of registration of divorce, "<Marriage Law>> requirement" to be both divorce and child support and division of property on such issues as agreed. "any of the conditions are not met, that is not the way to register a divorce. If way the parties have chosen to register a divorce, division of property after divorce, some go back, it is essentially a denial of the original divorce agreement. In general, the parties agree to a divorce agree to a divorce and under what conditions are the result of multiple considerations, one all his property to the other party agreed to give up all or could have split a common property, in order to achieve the purpose of divorce or divorce as soon as possible to achieve the purpose of the true will of the parties does not violate the law, should produce binding. If the divorce and property division agreement dealt with separately, in the lifting of the identity relationship, allows the parties to revoke the contract based on the property part of the grant agreement, the other party is bound to lead to injustice.


Finally, even if the divorce agreement, property agreement clearly the one against the other's gift, the gift should also act as a special gift, the gift is the moral obligation to fulfill. This type of behavior even if no delivery of the gift, the donor also not entitled to any right of revocation. aforementioned case 3, the second instance court that the defendant is dismissed for this reason the appeal, and its stated reasons: "(divorce property agreement) involved the division of property, child support provisions of Department for Dengjun lifting of the relationship between the two sides as motivation, therefore, the appellant himself on the subject of divorce, premarital personal property disposition to the appellee's behavior, can be identified as an end in gift behavior, such as occurs in a particular relationship between the parties, there are the purpose of the gift does not violate the law, the nature of a certain moral obligation, but also a promise is a promise by nature, in fact, the two sides of marriage by divorce agreement has been lifted, and the other elements of the divorce agreement have been fulfilled cases, the purpose of the donated property as the appellant has been achieved, so the gift can not be arbitrarily revoked according to law. "[11]

Shanghai Higher People's Court revoked the divorce division of property or change the agreement have the following explanation: "the division of property divorce agreement does have a place different from the general civil contract. Since the divorce, after all, there have been two particular sub couples living together over time, may also have children, in a common agreement on the division of property, in addition to considerations of pure interest, often difficult to avoid include some emotion. So, the people's court may revoke or change the recognition agreement, you can not easily be a party to the agreement give up the main or most of the property, the agreement identified as 'unconscionable' or 'serious misunderstanding' and to repeal or change. "[12] the common property of husband and wife have equal rights, the parties through the divorce settlement to give up all or most of the property the trial after the practice does not allow the parties to "unfairness" or "major misunderstanding" as an excuse to be changed or revoked, this approach fully into account the special nature of the divorce agreement.


In summary, the divorce agreement should apply to the basic norms of civil behavior, but this does not come to the property part of the divorce agreement, of course, can be applied to <"Contract Law">, but the division of property divorce agreement can not be certain types of contracts directly cf treatment. Thus, in Case 3 above, the appellant filed for reasons not established.


Third, the divorce agreement covers the effectiveness of third

Both husband and wife divorce agreement and the division of property on divorce, child custody agreements and other matters, according to the contract theory of relativity, the effect is limited to the parties. However, in real life, the divorce agreement the property of either or both husband and wife ownership of their children It is not uncommon. About a third person involved in the divorce agreement the effectiveness of such agreement, both academic and judicial practice there are different understanding.


Case 4: March 2005, bearing a (male) and Hwang (woman) Registration divorce. Stipulated in the divorce agreement, the couple jointly owned but registered in the name of 1831.01 square meters bearing a plant owned by his son (adult) all. after the order of a refusal to transfer property rights to the son. son then submitted the divorce settlement, based on the order of one, Hwang as a co-defendant to the courts, asked to confirm that the plant owned by all of its [13].


Husband and wife divorce agreement ownership of the property either or both children, many academics view as acts of parental gift for <"Contract Law"> on the gift contract. Accordingly, if no delivery, the donor have any right to revoke . [14] This argument is debatable. Civil Code of conduct is a gift to the recipient by the donor and the recipient is the accepted meaning of that. divorce agreement to agree upon ownership of property, whether children or children of a party ownership of property, both division of property is the behavior of both spouses, not civil law gift behavior. to property owned by the children all agreed on the nature of divorce, division of property belonging to the same agreement. divorce property division agreements are contingent legal status, the effect of divorce on the subordinate behavior. As previously above, once the effect of divorce actions, together with the accompanying effect of the property agreement, binding on the parties to the agreement generation, no party may unilaterally change or withdrawal. Accordingly, the parties did not act the same can not be delivered as a gift idea for the reason for the revocation of the agreement, the reasons Ibid.


Divorce agreement as a party to a particular property attributable to the children agreed, in fact, promised a direction opposite party, the children will pay the specified property; as to define each particular property attributable to the children, in fact, both were promised to the opposite party, the children will pay the specified property The half share. Therefore, the divorce agreement vesting of property of one or both spouses children, one or both spouses shall be deemed to promise payment to a third party, belonging to the contract payment to a third party.


Divorce agreement vesting of property of one or both spouses children, and other than the contract payment to a third party, which is characterized by: (1) is incidental contract; (2) a third party to their children; (3) If both parties agreed the children ownership of property , then the parties shall be paid to the third person. So, one or both spouses after divorce, as the agreement does not promise to their children the benefit, whether the children as a third payment claim becomes necessary to explore the issue.


Under the contract theory, to determine the contract payment to a third party without the third party claim is based, that is, whether the contract contains the promises to the third person, no such promise, the contract payment to a third party is "for the payment by the instruction "contract, the third person who, without claims, non-beneficiaries; have this promise, the contract to a third party payment contract is altruism, the third person has the right to request, is the beneficiary. [15] some of the legal system for the purpose of the third set to benefit the debtor's claim, such as insurance, trust, etc., in order to achieve its purpose, to save transaction costs, promised to creditors, the debtor, the law presumed to make promises to a third party, the third party and obtain debtor's claim. divorce agreement vesting of property of one or both spouses children to explore its original meaning, is the property of both spouses to divorce, ownership and the promise made to each other, are "instructions for the payment by the contract." Accordingly, the divorce After one or both parties to an agreement not to promise the payment of child, child-free claim. If a party fails to pay, a party constitutes a breach of contract, the other party the right to request the payment to their children; if not for the benefit both sides, both sides are in breach of contract . whether one party or both parties breach of contract, both for <"Contract Law"> for breach of contract provisions. couples divorce agreement to change after the divorce negotiations, the same change applies to the provisions of the contract, not the third person limited. Therefore, in case 4, the bearing of children is not a party to the agreement the divorce is not entitled to claim. But Cheng Huang's wife the right to request a commitment of a contract to perform the divorce agreement, delivery of property to his son.




Notes:
[1] Case 1 Case for the Beijing Chaoyang District Court, Case 2 Daxing County Court case, the contents are truncated. See Yang Xiaolin: <<v. nature of the agreement before the divorce and the effect of> ", in Gu Mingjun editor: <<marriage and family disputes lawyer>>, Law Press, 2008 Edition.

[2] The first Supreme Court civil trial ed: <<Supreme Court judicial interpretation of the Marriage Law (b) Understanding and Application>>, the People's Court Press, p. 76,77 pages.

[3] See the Shenzhen Intermediate People's Court <"On the hearing of cases of marriage guidance (Trial)>> Article 21, Source: http://www. szls365. com / ShowArticle. shtml? ID = 200941211453999495. htm, accessed date for the April 7, 2010.

[4] Shanghai Higher People's Court <"On marriage and family disputes, hearing the views of a number of issues>> Article 7, Shanghai, China for a Supreme Court [2007] No. 5, March 2007 date.

[5] See Yang Xiaolin: <<v. nature of the agreement before the divorce and the effect of> ", in Gu Mingjun editor: <<marriage and family disputes lawyer>>, Law Press, 2008 Edition.

[6] See Jui-Xi: <<nature and effect of the divorce agreement>>, Source: http://article. chinalawinfo. com / Article_Detail. , Access date July 20, 2009.

[7] Shi Shangkuan: <<family law>>, China University of Political Science Press, 2000, page 9.

[8] Yang Xiaolin: <<v. nature of the agreement before the divorce and the effect of> ", in Gu Mingjun editor: <<marriage and family disputes lawyer>> Law Press edition.

[9] See Fan Yu net: <<aim to achieve the purpose of donation behavior in the gift are not free to withdraw after complaints --- Xia Xiaoqin Shen perform self-divorce property disputes after registration of a case "", in <<People's Court News> "-2006 years 10 30 6th Edition.

[10] Zhang Yi Wen: <<divorce revocation issue in terms of gift> ", in <<People's Court News>> October 28, 2008 version 6.

[11] Fan Yu net: <<aim to achieve the purpose of donation behavior in the gift are not free to withdraw after complaints --- Xia Xiaoqin Shen perform self-divorce property disputes after registration of a case "", in <<People's Court News>> October 2006 30, version 6. I believe that the second instance court found that the divorce agreement with the disposition of property to fulfill the nature of moral obligation, it is true, but the purpose of their gift is not identified as appropriate means to achieve the purpose of a gift species for the purpose of the gift. When the purpose is not achieved, the donor may request the return of unjust enrichment grounds gift thing. the act does not meet the purpose of the gift feature.

[12] See the Shanghai Higher People's Court <"On the Supreme Court for judicial interpretation of the Marriage Law (b) a number of questions answered (b)>>, Shanghai, China for a Supreme Court [2004] 26, on Sept. 7.

[13] Zhang Yi Wen: <<divorce revocation issue in terms of gift> ", in <<People's Court News>> October 28, 2008 version 6.

[14] See Yang Huiwen, Guo Xiaoju: <<divorce mediation agreement, real estate gift agreement Legal Issues> ", in <<People's Court News>> January 13, 2009 the first edition; Zhang Yi Wen: <<divorce settlements gift Issues of revocation clause> ", in <<People's Court News>> October 28, 2008 version 6.

[15] See Li Xihe: <<civil law theory of the original draft>>, Law Press, 2009 edition, the first 217,218 pages. Links http://www.hi138.com Research Papers Download