Study On The Marital Property System In China

The marital property system of most countries in the word in the river of history, have been each other referencing and mutual absorbing nutrients, but each country's marital property system and the formation of the development, is inseparable from their degrees, the nation's historical tradition and culture, our country is no exception. Therefore we must adjust the legislation of our country structure and add the overall global general regulation, perfect and refinement of legal property system in China and the usually agreed property system in our special historical and cultural environment, and on the basis of relevant fields foreign advanced experience. Meanwhile in order to make up the deficiency of both before and better protect the couple or trading the lawful rights and interests of third party, it is necessary to add the marital property system to perfect the elastic space, namely unusual legal property system. This paper is divided into four parts:The first part has elaborated the basic meaning and content of the marital property system. First of all, this part defines the connotation of the marital property system. Secondly, it has analyzed the types of the marital property system divided.Then, it has introduced the characteristics of the marital property system. Finally, it has expounded the marital property system value pursuit and influencing factors. The second part has comparative analysis marital property system between Chinese and others. First, it describes the basic content of the marital property system of China, France, Germany, Britain, America. Secondly, it analyzed France, Germany, Britain, beautiful marital property system from legislation system, legal property system, agreed aspects of property system. Finally, it deeply found the similarities and differences of marital property system between China and above four countries.The third part briefly analyzes the deficiency of the current marital property system. First, the part analyzes the lack of legislation mode of the marital property system. Secondly, it point out the defects of our country the legal marital property system. Again, it have pointed out the shortage of the agreed marital property system .Finally, it pointed out that " there is no the usual marital property system in China."The fourth part is the suggestion of perfecting our country's marital property system. Firstly, we should consummate the marital property system's architecture. Secondly, we should perfect the agreed marital property system. Thirdly, we should perfect the legal marital property system.