Study On Marital Property System

Now, we are making civil code, as a part of which marriage law should be further perfected. So how to make marital property system perfect is a burning question, which is one of the most important systems of marriage law. Marital property system, which is also named community property system, is a law system of regulating the marital property relationship and an important part of marriage and family system. It is of far reaching importance to promote the stabilization of the family life. In recent years, although many scholars in our country had written so many papers on how to perfect the system, the standpoints are different. We will review the development of the system on the base of the personal relations between spouses. Through comparing the difference both at home and abroad in different period, we form the trend of it and also induct the law of development of it, on the base of which we demonstrate marital property system of china. Combining the actual state, we provide some advices of legislation to perfect marital property system of china. The writing is divided into three parts. The first part is the development of marital property system. This part defines its concepts, characteristics and quality, and offers an opinion that the personal relations between spouses decides the marital property relationship, and discusses the development of marital property system on the base of the personal relations between spouses. We summarize that the process of the development of the marital property system is a process from unequal to equal. The second part is the common theory of marital property system. This part introduces its types, the laws of development and the principle of legislation of marital property system, which provides a base of theory for discussing the system of China in the next part. The principle of legislation generalized in this part is also the principle that must be carried out by marital property system of china. The third part is to perfect the marital property system of China. The part systematically demonstrates the necessity to take community ownership of postnuptial incomes as the statutory system concerning marital property. It also indicates the insufficiency and according to the general theory of the system points out the advanced advices, which makes marital property system of China advance and science.