On The Advances And Deficiencies Of Conjugal Property System In China

Conjugal property system is a legal system which defines property relation between husband and wife,and has been paid attention by marriage and family laws in various countries in the world. Since the founding of new China,our country has promulgated the marriage law twice early and then,provided legal protection over socialist new conjugal relation which advocates equality of men and women and free marriage. However it has less reference with conjugal property relations. Along with development of the times and progress of the society,it is imperative to perfect the marriage law and the conjugal property system. With the aid of the amendment of the marriage law this time and through elaboration of the concept of the conjugal property system and comparison among legislations in Hong Kong,Macao and Taiwan regions which separately stand for the continental law system and British and American law system,this paper further analyzes the perfection this amendment of the marriage law over the conjugal property system:for example it defines the range of the conjugal private property,further adds content of conjugal conventional property system and builds up the compensation system of conjugal impairment. Meanwhile,it points out the deficiency existing in the amended marriage law:for example the anticipated interest of intellectual property,the nature of property during the period conjugality is separated and the general regulations for those which is lack ofnormal conjugal property relation,and presents relative legislation suggestion for further amendment or formulation of marriage and family laws in future starting from the actual conditions in our country and international homoplasy.