Study Of Statutory Matrimonial Property Regime

The matrimonial property regime is stipulated that between the husbands and wives property relations'legal regime, takes seriously for various countries conjugal family law. At present, in our country legal property system is the main suitable property system, the overwhelming majority husbands and wives in marriage ties lasting period is defers to legal property relations whence managing finances to produce the relations, thus in matrimonial property system, the legal property system has the important status. Marriage law which was enacted on April 2001 in China makes significant adjustments to statutory matrimonial property regime, especially it affirms the peculiar property of husbands and wives. But it cannot be denied that the existing marriage law is too abstract, lack of interoperability and no integrity of the legal system.This paper includes the introduction of the basic theories and the content about statutory matrimonial property regime in China. Some defects in China's existing marriage law were analyzed and some proposals making the regime perfect were put forward. The article contains four parts:Part one: the general theory of statutory matrimonial property. The section one makes the meaning and feature of property between husbands and wives;the section two classifies matrimonial property according to the different classification system; this whole chapter introduced the general theory of matrimonial property regime in a general.Part two: A comparative study on statutory matrimonial property regime of foreign statutory legislation. After discussing the similarities and differences of matrimonial property regime, we can see better of the existing legislation and provide a theoretical basis and practical basis.Part three: the history and current situation of in China. The first section describes the history of statutory matrimonial property regime;the section two describes the status of matrimonial property regime including current married couple's community of property regime and individual special property regime;the section three discusses the matrimonial property vested in a few controversial issues identified, such as the ownership of matrimonial property during the separation, the ownership of money, etc; the final section analyzed identification of specific types of matrimonial property in"Judicial interpretation of the Marriage Law (c)".Part four: the shortages and suggestions of current statutory matrimonial property regime in china. Based on the shortages were pointed out, the author expresses her suggestion to improve matrimonial property regime, such as define the precise scope of the couple's common property; Provide the common property of the husbands and wifves; Confirm the value of housework in the division of marital property; establish unusual statutory matrimonial property regime etc.