Font Size: a A A

Cause Analysis On The Types Of Matrimonial Property System And Its Inspiration To China's Current Legislation

Posted on:2012-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2166330332497164Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Each kind of crescive institutions must be a seed which had rooted in the society. We need to know what made the seed choose this social soil to take root, sprout, grow up and even to fall. The matrimonial property system is such a seed, and as time passed, it has changed several times. This paper argues that patriarchy and its residual thought are the fundamental factors to influence matrimonial property system. And virtually, the process of its changing is just the one that women get rid of men's control; realize the equality with men and the society removes the influence of patriarchy.This article is divided into four parts. The first part describes six typical kinds of matrimonial property that have appeared in history, they are absorption property system, dos system, unified property system, joint property system, common property system as well as separation property system.In the second part, the author mainly analyses the origins of each matrimonial property system. The author thinks after primitive society, patriarchy evolved into a kind of social consciousness. In a traditional society, it was closely combined with the mode of production, which made the husband to be a God and the wife have no respects in family. And then, in this mode of production, women can not get away from men to get independent consciousness and social status. Thus, in such a patriarchal society, the property system must be absorption one. In late Roman, because of the development of commodity economy and the frequency of the war, the Roman women's social status has been elevated to the highest level of traditional society. And then the dos system, unified property system which are better than absorption one appeared. In Germanic period, women were very important in these tribes. And so the joint property system and common property system which derived from this period are more advanced. In the middle ages, the common property system carried forward. But we must notice that the common property system in this period is very different that in modern time, and it's same to the unified one in essence. In 19 and 20 century, with the advent of the Industrial Revolution, more and more women walked out the door and participated in social production activities, attended rising women's movement. And in this social context, separation property system formed at last.In the third part, the author analyses the current situations which have an effect on matrimonial property system. In China, the development of industrialization booms rapidly, but the imbalance between the eastern and western regions of the country and between urban and rural areas still exists, and lots of women are tied down into antiquated methods of farming and low-end industry. At the same time the women's participation in and deliberation of state affairs and education level are higher than before, but the discrimination against women can be seen everywhere, and their self- awareness is so weak. These objective circumstances determine our legislation in future.The fourth part is mainly about the suggestions on the legislative perfection of matrimonial property system. The author thinks that we should continue to stipulate common property system as statutory matrimonial property system. But we should notice that there are some errors in the idea of common property system. It considers the wife who engages in housework at home to be the weak, and its aim is just to protect the weak. In my mind, this idea loses sight of wife's value in supporting husband's working and career,and the difference between them is just the division of labor but others. The error of this idea is from our legislation that doesn't admit the value of housework positively, and so we should innovate the idea to preserve women's property rights and independent status. In addition, the author thinks that because we have no special property system, we can't solve domestic violence, matrimonial rape and help women. We should set up special property system in future legislation...
Keywords/Search Tags:Matrimonial Property System, Social Gender, Patriarchy, Female Independent Consciousness
PDF Full Text Request
Related items