Study On The Matrimonial Regime Of China

The matrimonial regime is one of the significant statue system in our country. Marriage law was amended on April 28, in 2001, having greater changes to our marriage wealth system, yet China's marriage wealth system still has much problems to be resolved in the theory and practice. It is of a great sense to research our country matrimonial regime. The article is chiefly expounded through five respects, and finally drafted marriage wealth system respect statue clauses.The chapter one is the summary section of the matrimonial regime. Firstly, the concept of the matrimonial regime is expounded. Secondly, the reasons having effects on the matrimonial regime was also analyzed. The author thinks that the social wealth distributing system can directly influence the matrimonial regime , meanwhile, the marriage forms and the marriage viewpoints also have the great effects to the matrimonial regimeThe Chapter Two expounds the function, nature and characters of the matrimonial regime. The writer thinks that the intention is the criterion to demarcate the nature of the laws by means of analyzing the nature doctrine of marriage wealth system with the public and private statues. Based on the history of the matrimonial regime developing on the way from the convention to public law and the private law, the writer holds that the marriage law is on the developing way to the whole private law.The Chapter Three introduced the accomplishment that acquired in thebuilding of matrimonial regime .The Chapter Four discussed much problems existing in our matrimonial regime, such as conflicts in case the characteristic wealth protection of legislate style, the narrow adjusting range, incompetent with other civil systems, and proposed the improving ideas afterwards.The Chapter Five expounded several significant problems in the marriage wealth system theory.Problem one: the writer probed into the dividing criterion on the common wealth and individual's wealth in the legal marriage system of our country and put up the new criterion, that is to say, to use the economical rights and the spiritual rights as the dividing criterion. The legal matrimonial regime of our country is designed personally for the independence of the people, but the spiritual right is the base for independence, to decide with such is rightful, moreover , thinks that in person authority and the property right, the dual property of the right wholly having economically rights and spiritual rights , the property acquired during the marriage period belong to mans and wives all together, for example, the economic profits obtained in the transferring of the personal name shall be divided.Problem two: The author analyzed existing problems in the safeguarding system after the divorce, afterwards proposed the application of the supporting system after divorce to perfect the defects . The concrete application standard and its mode were proposed in view of the situation in our country.Problem three: The author analyzed the relationship between the marriage wealth system matrimonial regime and the deal security , moreover , the deal security in the system was elaborated and the concrete consummate ideas were proposed. In addition, the objection authority of creditor's when facing the selection of wealth system was put out for the protection of his benefit.The Chapter Six drew the draft on the matrimonial regime in the Marriage Law.