The Agreement System Of Marital Property In China

Families are cells that consist of the society, marital property relations is an important aspect of the relationship between husband and wife. Marital property system reflects the characteristics of gender equality, it follows the principle of freedom of contract and follows the trend of the times. China's 2001 Marriage law (as amended)) made a lot of changes and additions of the Marital property system. It confirmed the important position of Marital Property System in the marriage legislation. Marital property system follows the footsteps of the times and achieves good results. But there are a lot of missing in its content, and it does not form a complete system. For example, the restrictions of the types of Marital property system, etc. It makes misunderstanding and conflicts of judicial practice. Marriage law scholars pay attentions to the Research and exchange of marital property system and make extensive discussion of the deficiencies of marital property system and the strategies. On the basis of previous studies, compared with relevant provisions of typical States law, this article analyse the legislative missing ,then proposes some suggestions to improve the Marital Property System in our country.The article is divided into five parts:Chapter one, Introduction of a typical case ,as a starting.Chapter two, Overview of Marital Property System. This part introduces the concept, nature , and legislation models of the Marital Property System.Chapter three, China's current "Marriage Law" on the provisions agreed upon property system. First is the legislation evolution of the Marital Property System in China. Next is the detailed content of Marital Property System. Finally is the analysis of constraints of Marital Property System.Chapter four, Comparative Study of legislation in foreign countries. It is divided into two parts:legislative models and the types of marital property agreement, the detailed content of Marital Property System in typical state. In order to find out legislation reference for our country.Chapter five, This is the key part of the article. It analyze the legislative flaw of the current system, references of the advanced legislation experience in foreign states, then,the article brings up some legislative suggestions to perfect our property regimes.