| With the rapid development of China's economy, the number of marital property increases and the type riches. People concern about the property's history than they do at any stage. The courts in dealing with divorce cases of the judicial practice, the issues of property between husband and wife usually is the point of contention. In recent years, there were a lot of new situations and problems in practice, such as buying a house before receiving marriage licenses; the room is a marriage of "income"? Pre-marriage party to buy shares in value-added marriage is the common property or personal property? The common property of the husband will grant "second wife", could request the return of his wife? Husband and wife from a party at the disposal of common property, the other party can request a separate disposal or marriage within the division of property? To live together as the home side of the house, whether that party can handle? and so on. These problems waiting for the theorists are given the answer. Husband and wife community property for the husband and wife legal property system in China has applied more than five decades, but in theory, this system is not systematic and in-depth study. Civil legislation in the future, the husband and wife community property will continue to be my husband's legal property system, and the first theory is essential. Therefore, extensively and deeply researching the couple of a community-property system is of great practical value of great theoretical and practical significance. This article attempts to couple the common property system as a whole, a comprehensive study through these studies, in theory, strives to deepen the understanding of the legislation and puts forward legislative proposals in practice to solve difficult problems for the provision of the program.In addition to the preamble and the conclusion of this article is divided into four parts outside. The first chapter overviews and analysis's the common property of the husband and wife general questions. Husband and wife common property system is the property of both spouses and the entire merger in accordance with the law for the property, shared by both husband and wife of a property. This property is divided into the general system of common system of movable property that is derived from a common system, from marriage and work together from a common system of four, from a global perspective, most of the husband and wife applied to a community-property regime to adopt a common system of income after marriage. China's scholars have advocated the use of common system in general, but also advocate the use of labor from the common system; most scholars continue to advocate marriage from the common system. In this paper, that should be used to reflect the nature of the husband and wife to work together to a certain extent personal property added to the marriage from the common system. Husband and wife common property system originated from Germanic customary law, adopted by France and its colonial occupation of the country and spread; in the former Soviet Union after the October Revolution have adopted the system of property. China's liberation from the revolutionary base period has been the subject of the former Soviet Union following the marriage and family legislation, after the founding of a number of "Marriages" is also a husband and wife before the Soviet Union established a system of common property of our marriage from the common system. China's system of matrimonial property and the rest of the world's common property system has a homologous relationship. In addition to the couple's property in common other than the system currently in the world there were property and the remainder of the common property of two matrimonial property. And the property system, matrimonial property system in line with the ethical nature of marriage, to recognize the value of household labor and the couple will definitely work together, in line with China's traditional culture of superiority, as well as husband and wife is not conducive to the protection of personality independence and economic status is not conducive to Protect the security of the transaction, the lack of a built-in mechanism will easily lead to the management of property rights disputes, termination of the marriage split in the common property, it is unfair suspicion, and other inherent defects in the need to adopt appropriate legislation to narrow the scope of the common property, and strengthen the protection of bona fide third parties, the husband and wife clear the management of common property, an additional division of common property at the time of reference given to the judge factors in the division of common property when a range of discretionary power, supporting the establishment of the very property system and other measures to remedy the situation.The second chapter discusses the scope of the couple's property in common. The common property of husband and wife in time from the boundaries of legitimate marriage certificate to obtain a divorce to come into effect at the time or the death of one or both of the period in which to receive a marriage certificate after the two sides have not lived together during the divorce proceedings, as well as during the separation period is married relations During the first two stages of property from one party continues to be the common property, only the specific division in some unique way; in the period of separation from one side than the controversial nature of the property, not to build in our legal system, the premise of separation. The property should also be identified as common property, unless the marriage is not conducive to the protection of the interests of the disadvantaged, encourage cohabitation outside of marriage, bigamy, and other bad habits, is not conducive to the protection of the interests of creditors. Husband and wife together in the main property on the limits of legitimate husband and wife, are the limits on the ownership of property rights, not only refers to the ownership of property, should also benefit by including property rights, the rights of other creditors. Husband and wife in the common property constitutes, in our country's legislation with the world countries are basically the same legislation, the main difference is that in marriage to inherit a party, the recipient of the ownership of property, our general principles of law as common property, the paper suggests that the party succession, by Gifts from the property as personal property, only a will or a gift to the people makes it clear that the property is jointly owned common property. Husband and wife in one of the personal property constitution, in our law and the content of legislation in other countries and regions are basically the same case, but in the style legislation on foreign and often-cited use of different, our use-cases show. Combined with the actual situation in our country, our country should reveal all the details of the terms of the need for restrictions, with the words "and other personal property-related." For more controversial judicial practice of one of the spouses before marriage and property acquired after marriage in the interests of the party and the couple acquired during the marriage of intellectual property rights but have not yet achieved the ownership of the proceeds should be based on "common property of husband and wife together embody" the idea of the specific design rules. On the other spouse before marriage have contributed to the property, within the framework of contribution to the interests of the children born to couples of common property; spouse in the marital relationship continues to exist during the creation of knowledge products, the economic interests of the husband and wife jointly owned, even if it is not yet achieved earnings for the common property.The third chapter discusses the common property of the husband and wife. A total of essentially the right to ownership of the common property of husband and wife enjoys the same possession, use, benefits and powers of punishment. At the same time as a result of a long-term marriage is to live together, there are still management. On the right to possession and use of the term, because of the academic says that there are common regardless of their share in total, the wife concrete into the common possession of the property and the right to use natural explanation for the exercise of the husband and wife co-possession, the right to use. In fact, there are also divided into common shares, common and there were a difference is whether a share of the division, but there are people with a common relationship between. As a result, the common property of husband and wife are of equal to the exercise of the right to possession and use. When husband and wife share the use of the right side by a spouse against the other side, there are two means of relief: the resumption of possession, and use of the right to use the very system of property division of marital property. Each has its own way of relief to apply to specific conditions, it should first of all the specific facts of the case selection; when the facts of the case for the two methods are in line with the relief, the parties should respect the choice. On the management, civil law countries of the Civil Code with most of the husband and wife property management. In accordance with the management of the property was divided into the importance of general management and administration in particular. The difference between the two is that in the general management of the scope of the year, property managers can be a unilateral action, in particular within the framework of the management of the manager's powers are restricted. Thus the management of the exercise of the right way: in general management within the framework of the parties alone manage, in particular, the scope of the management of both domestic demand management, in exceptional circumstances, such as consultations between the two parties separate from management, one of the spouses can not exercise the right of management from another one single management. Management usually has this obligation and duty of care, in violation of obligations to the co-manager of the property losses should be compensated. At the same time, the other party may apply for cancellation of the manager or the management of the property is used to apply the system. On the disposition, the need in their daily lives and general management within the framework of any of the parties have powers, action, but all the couple's property in common, joint property free of punishment, punishment and other residential real estate, property and rights of action and significant debt, to give up the heritage. The larger the amount of inheritance and other major acts of disposal, the husband and wife should be a common punishment. However, one husband and wife jointly own property disposition, a third person may not be null and void. In one of the spouses pays unauthorized action, if a third person with the condition are made in good faith to obtain the property; if people do not meet the third condition, but is still well-intentioned, effective contract transactions, the third-person action can assume responsibility for breach of contract. In one of the spouses free of unauthorized action, if a third person is well-intentioned, disciplinary action may request compensation for the loss of people, including gift-loss. In one of the spouses will be co-financial gift to extra-marital cohabitation, the other husband and wife have the right to request the return of a third party property, a third party based on the idea of "illegal payment of the reasons not to request the return " requirements for gifts and gift-side rather the value of the payment.The fourth chapter explains the division of matrimonial property. Division of matrimonial property regime is the common property of the end of the mechanism. China's only legal party in the divorce and death can be segmentation, the practice can no longer meet the needs of the patients should learn from foreign legislative, an increase in the marriage null and void (including revocation), the couple agreed to change the system of property, separation, respectively property, one of the missing party, a party starts bankruptcy procedures, such as the case may carry out the division of property. Of particular concern is the division of marital property; the judicial practice has made such a demand should be very foreign property legislation, the continuation of some of the common system, one of the spouses will be seriously harms the interests of cases, the husband and wife should be a party or at the request of creditors; the court declares the two sides in accordance with the law are implemented property. In the specific division of common property, China has established equality between men and women, the protection of women, children's legitimate rights and interests, to take care of the innocent party; respect for the will of the parties is conducive to production, easy life. The current "Marriage" section 46 of the increased divorce damages the system; some scholars have put forward "to take care of the innocent party" and should not be divided again as a property. It should be noted that divorce damages the application of the system is too narrow and can not be replaced "to take care of the principle of innocent party"; and in judicial practice, as evidence of restraint system, the system applies a lower proportion of the need to "take care of the principle of innocent party" added. In recent years, some scholars have proposed to establish a fair division of matrimonial property. In fact, the principle of equitable division of the U.S. states in order to make up for the couple's property are insufficient to establish, but my body can draw on a reasonable core will be split as several cases of a common reference to financial factors, such as husband and wife on the other side has done Contribution to the economic situation of both parties, including the employment situation at present and future employment opportunities, the duration of the marriage, and so on. In a common fiscal system partition, the partition of the safeguards can not be ignored. China's "Marriage Law" added "to hide, transfer, sale, and damage the couple's common property or counterfeit the debt side, big or small or sub-", but this is the remedial measures proposed foreign legislation to increase the obligations of this property and an additional precautionary measures in advance of these systems, at the same time improves the division of property when the rules of evidence.Some of the conclusions in the final design of the provisions of the legislation and embodies the innovative nature of this article. These innovative can be summed up as follows: First, an increase of the "general rule", stressed the fact that marriage, the marriage null and void, revoked the marriage of the parties property, husband and wife, mutatis mutandis, to deal with common property; at the same time noted the "Marriage Law" in the matrimonial property and "Property Law" convergence. Second, the scope of the couple's property in common, will inherit a party, the recipient of the proceeds of property as personal property, only a will or a gift to the people makes it clear that the property is jointly owned common property; "knowledge products, the economic interests" alternative "income from intellectual property" as a common property; spouse's personal property arising from the interest on the principle of personal property, but if the other side reflects the contribution for the common property; side will be limited to the range of personal property "and the related personal". Third, the husband and wife in property rights, in addition to the common ownership of property, an increase of the management of content; stresses that the husband and wife together on common ownership of the property at the same time increases the equal possession of the exercise of the right to use the content and detail of the two sides common action of the common property of the specific situation. Husband and wife in personal property rights, as proposed by the other side of the personal property of family life and home appliances enjoy the right to use the possession; one of the spouses of these actions and property, they must obtain the consent of the other party. Fourth, the division of matrimonial property, a clear division of property for several cases and establishment of a system of division of marital property stress that adhering to the existing division based on the principle of division of property to increase the number of reference factors; in the reservation. The existing "Marriage Law" division of property safeguards at the same time increases the property and this additional system. These views are in theory in the academic leader in practice for the legislature and the judiciary can provide a useful reference.
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